NIW - related

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n43y

Registered Users (C)
Hello
I am a 4th year post doctoral fellow (NIH funded) at Harvard Medical School(HMS). I petitioned for NIW (EB2) I-140 last year (ND 7-19-02). So far there has been no response from Vermont BCIS (God Bless them) except for extension of processing time from 90-180 days to 30-360 days (again God bless such hard working souls)

I am a biochemist and my research is based on developing proteins and peptides to act as antagonists towards other proteins that are primarily responsible for development of tumors and cancer metastases. The grant that I am on, is bound to finish by Feb 2004 and I would like to start applying for research positions in industry. My “very seasoned” lawyer has advised me to sit tight and not apply for positions because being at HMS adds value to my credentials – according to him if an RFE did come we’d have to report that I have moved (this in a way destroys the very purpose of a self petition)

I would like to ask your opinion and advice –
Q1) should I just wait or should I start applying for scientist positions and make it clear in the cover letter that I have a I 140 pending? Has any one else stuck to a prestigious institution until they had at least an NIW approved or did you move?

Q2) I am almost on the verge (literally) of applying I485 – but am not interested in either EAD or AP yet (my HI-B expires 12/31/2004) – I am inclined to believe (given the recent status of BCIS) that filing I485 expedites I140 processing. Does any one have an opinion on this?

Any advice would be appreciated from all, specially scientists who may have gone through this?

Thanks in advance
Best regards
KK.
 
What's in a name?

The name definitely counts towards making favorable decision. I left one of the ivyleague university six months ago and was told several times that it would have been better applying from that university.
 
Originally posted by n43y
Hello

I would like to ask your opinion and advice –
Q1) should I just wait or should I start applying for scientist positions and make it clear in the cover letter that I have a I 140 pending? Has any one else stuck to a prestigious institution until they had at least an NIW approved or did you move?

Q2) I am almost on the verge (literally) of applying I485 – but am not interested in either EAD or AP yet (my HI-B expires 12/31/2004) – I am inclined to believe (given the recent status of BCIS) that filing I485 expedites I140 processing. Does any one have an opinion on this?

Any advice would be appreciated from all, specially scientists who may have gone through this?

Thanks in advance
Best regards
KK.
Click to expand...

Q1) From a strictly non-immigration related POV, it is not a good idea to put off your job hunt. The job market really sucks right now. The company I work for (big pharma) has finally started hiring again after an almost a year-long hiring freeze. If you do the same thing in an industrial setting, I really can't see this being a problem. Your experience at Harvard is always there. What good is the NIW if yo are not working?

Q2) Hahahaha. That's a good one :). I would file it just to have it done with. Don't expect miracles.

Brian
 
Originally posted by cpgiri
What's in a name?

The name definitely counts towards making favorable decision. I left one of the ivyleague university six months ago and was told several times that it would have been better applying from that university.
Click to expand...

For an NIW in drug discovery? (n43y, not necessarily you). I read the Pink Sheet every week (FDA publication) and I have never seen a single NDA (New Drug Application) be approved for a university. I don't know how you could beat working in drug discovery for a company with a proven track record of getting medications to the market to help the health of the American people.

JMO.

Brian
 
My view of course

is that a biochemist developing protein has intrinsic merit. your proposed area of developing a "cure" or preventing cancer would be national in scope since cancer is not region limited. the other point to waive labor certification for you would depend on just your past performance and recommendations for your work up to date.
That would not change if you go to any place with a similar job in cancer prevention and peptide research. I think it may not make any difference. But again HMS has a name which few can boast of. But what about after Feb 2004.....Check with the moderators of this forum or other people with more experience than me.
Good luck.
 
I do think that your attorney has a reasonable point.

Remember that you applied for the NIW on the basis of your contributions. Your prior achievements help make the case, but the underlying axiom is that you should stay here to continue your valuable work.

If you take a private sector job, then you have to be careful that you don't abandon the activity that has formed the basis for your application.

Unless the work you do in the private sector is nearly identical to that you discussed in the NIW application, it may not look so great if you get an RFE and have to admit that you are now doing an industry job that a similarly-qualified American could do.

By the recently published processing dates, yuou should be up pretty soon. I would sit tight.


For reference: NIW (RD 02/18/03). Physician/researcher at Cornell and Sloan-Kettering. NIH funding. Lead investigator. 10 letters submitted.

Good luck.
 
KK

I would go ahead and change jobs. If you have
good credentials, it should not matter where
you are.

I was in a similar situation. I worked for national
defense lab and moved to a small university.
I had no problems getting my NIW approved.

cncoold
 
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