NIW question

N

nanodude1

Registered Users (C)
What forum gurus think about my case?

1. PhD from US university 2005 (not from the top one, blah-blah State University).
2. Currently a postdoc at US University. Physics/Chemistry/Bio-Nano.
3. a) 20 papers in peer-review journals.
b) 10 first authored, including top tear journals (with high impact factors) like Nano Letters, Nature Nanotech, Advanced materials, ACS Nano...
c) Two papers as a corresponding author.
4. 150+ citations. Several citations by books.
5. First author of the book chapter. Invited.
6. Several highlights about my research in various journals like "Chemical & Engineering News", "Nature Nanotechnology"
6. Several research awards in grad. school including outstanding PhD graduate. Unfortunately, no Nobel prize....
7. Stupidly refused invitations to review papers. Currently reviewed only one, but have an invitation (e-mails) from 3 journals.
8. No invited talks what so ever :(
9. Many conference abstracts. Anyway I do not think it`s important. If you care about that, you could make 50 abstracts a year easily.
 
Should be a strong NIW case. Possible EB1-EA, but I think NIW is more likely to succeed. Try both. Get an experienced lawyer and it should be smooth sailing.
 
Thanks. I was thinking about EB1-EA, but then decided to file NIW, since requirements are much lower. May be it`s a good idea to try both... I`m thinking to try DIY package first. If get rejection, then I`ll hire a lawyer.
 
nanodude1 said:
Thanks. I was thinking about EB1-EA, but then decided to file NIW, since requirements are much lower. May be it`s a good idea to try both... I`m thinking to try DIY package first. If get rejection, then I`ll hire a lawyer.
Click to expand...

I agree...give a shot at both

I am sure both will get through.

I did EB1A myself and also got my employer to file EB1B for me. Both were approved sometime back......and there was no question raised on EB1A.

All the best.
 
If I were you I'd go for EB1-EA - if you can file for it yourself. You need to be patient in presenting what you have. Of course, this all depends on whether you are from a retrogressed country. If not, NIW would be fine. conference abstracts count - whether or not you liek it; Graduate awarsd do not count - whether you like it or not.
 
Since the priority date for both EB2-NIW and EB1-EA are "current" for my country, can I file I-485 after I get the receipt for filed i-140 (I did not do concurrent filing) or I have to wait until my I-140 gets approved?

thanks!
 
My impression: filing I-485 before the approval of I-140 is considered concurrent filing.
For EB1EA, you can do concurrent filing. I did that, filed I-140 in April, then filed I-485 in August, while my I-140 was approved in October.
For NIW, you need to check whether it is allowed to do concurrently filing. If not, you cannot file I-485 before your I-140 gets approved.
The above is my understanding. Check with others.
 
Thanks llp1, but I did not get this: In i-485 form (http://www.uscis.gov/files/form/i-485.pdf), Part 2 asks what is the reason for adjustment of status application. The only possible answer (for my case) is "a) An immigrant petition giving me an immediately available immigrant visa number has been approved." That is I have to get an approval for i-140 before filing the I-485. What reason did you use for filling i-140 and i-485 in separate time but without i-140 approval?
 
nanodude1 said:
Thanks llp1, but I did not get this: In i-485 form (http://www.uscis.gov/files/form/i-485.pdf), Part 2 asks what is the reason for adjustment of status application. The only possible answer (for my case) is "a) An immigrant petition giving me an immediately available immigrant visa number has been approved." That is I have to get an approval for i-140 before filing the I-485. What reason did you use for filling i-140 and i-485 in separate time but without i-140 approval?
Click to expand...

Yes.
 
Use "others", and write down "concurrent filing, I-140 pending with receipt number xxxxx".
This is valid only if concurrent filing is allowed for the category you filed, like EB1EA.
 
llp1 said:
Use "others", and write down "concurrent filing, I-140 pending with receipt number xxxxx".
This is valid only if concurrent filing is allowed for the category you filed, like EB1EA.
Click to expand...
Can you provide with the reference to the official USCIS document? This issue is very important, not just for me, I guess. See reply of nightsman just one message up.
 
There is no official USCIS reference that I am aware of (unless it's buried in some adjudicator's manual somewhere online), but that's the way it's done, llp1 above is right. Attorneys are the ones who also advise to do it this way. You can actually check the first option (An immigrant petition giving me an immediately available immigrant visa number has been approved) even though it's not approved yet, or you can check "Other" and write "I-140 pending, eligible for concurrent filing" or something similar. Really, the people who receive the application at USCIS mailroom will know what to do and will not give it a second thought; they receive hundreds of I-485 applications every day. As long as you include the copy of your I-140 receipt, that's all you need. You're spending too much time thinking about something that will just take a few seconds to sort out once it gets to the USCIS mail room.

In my case, I did my I-485 myself and I didn't ask anybody (including any attorney) for advice; I just used common sense: I checked "Other" and wrote something to the effect of that this is a concurrent application. That's all. There are enough things to worry about on your I-485 application (Medical Exam, biographic information, etc etc). What category to check on the first page is not one of those things to worry about.
 
nanodude...did u take membership with any organization in nanofield. My phd is also in nano. can u please let me know which organizations give in nanofield offer u membership based on ur ability.
thanks
 
You must log in or register to reply here.
Top