OR or NIW EAD

[fatsel]

Hello All,
Everything here is new to me. Just planning to start my GC application.
First details about me:
Postdoc at Harvard for 5 years currently on the 3rd year of H1B. Recently got the Associate Research Scientist position. Have publications one each in Nature, Cell and Immunity and total 10 publications in peer reviewed journals. I have 10 references from top professionals in my field. Harvard is willing to sponsor my GC and will be filing in the Outstanding researcher (OR) category. I have a few questions regarding my case. I hope experianced people can help me out here.

1) My husband has his own H1B and is working in California. Can I apply an EAD for him so that he can find some job in my place? Is it worth the risk to lose his H1? At what stage is it ok to drop to his H1 status and use EAD?

2) How long should I be with Harvard before I can move out. what step of the GC can I move?

3) I would like to file in another category (NIW). Can I apply for EAD through that simultaneously and if my I140 gets approved can I use that to move out of Harvard. Basically we would like to move to the same place to start a family. What happens to the other petition (OR)?

4) Can I take the risk of withdrawing one petition (OR), if so at what stage would it be safe?

Please help me out with my case. Thanks

 

[honkman]

Hello All,
Everything here is new to me. Just planning to start my GC application.
First details about me:
Postdoc at Harvard for 5 years currently on the 3rd year of H1B. Recently got the Associate Research Scientist position. Have publications one each in Nature, Cell and Immunity and total 10 publications in peer reviewed journals. I have 10 references from top professionals in my field. Harvard is willing to sponsor my GC and will be filing in the Outstanding researcher (OR) category. I have a few questions regarding my case. I hope experianced people can help me out here.

1) My husband has his own H1B and is working in California. Can I apply an EAD for him so that he can find some job in my place? Is it worth the risk to lose his H1? At what stage is it ok to drop to his H1 status and use EAD?

2) How long should I be with Harvard before I can move out. what step of the GC can I move?

3) I would like to file in another category (NIW). Can I apply for EAD through that simultaneously and if my I140 gets approved can I use that to move out of Harvard. Basically we would like to move to the same place to start a family. What happens to the other petition (OR)?

4) Can I take the risk of withdrawing one petition (OR), if so at what stage would it be safe?

Please help me out with my case. Thanks

1) I wouldn't risk changing from H1B to EAD. In the case something goes wrong with your greencard application it might become quite complicated to apply again for H1B. (The moment you use a EAD you invalidate your H1B). I wouldn't drop a H1B before the GC is inyour hands.

2) To be on the save side I would always wait till you have your GC in hand especially going OR which is sponsered by Harvard not by you. And that is my personal opinion, if a company/university is helping you to get your GC you should also be fair by not switching the job at the very first possibility. If one side plays a fair game the other should also be fair.

3) NIW is self sponsored so it is has nothing to do with Harvard. (But since Harvard spends some money to start your OR you might have to pay some money back, that is pretty much standard in the industry).But be aware that you can only file one I-485 and you have to decide if you will attach it to your NIW or OR (take the one which you think has a higher level of possible approval). There are different opinions how easy it is to switch the I-485 from one petition to the next.

4) You can withdraw it when your other I-140 and I-485 are approved.


Just of curiosity: Are these reference letters all for OR or are some of them also for NIW. Both cases need quite different recommendation letters since you have to address different issues so you shouldn't of course use the same letters for both petitions. And I assume you have all the necessary letters from Harvard (HR, department head, your boss etc) stating that you are not a postdoc (very, very bad word for USCIS) but you have a permanent position.

 

[fatsel]

1) I wouldn't risk changing from H1B to EAD. In the case something goes wrong with your greencard application it might become quite complicated to apply again for H1B. (The moment you use a EAD you invalidate your H1B). I wouldn't drop a H1B before the GC is inyour hands.

2) To be on the save side I would always wait till you have your GC in hand especially going OR which is sponsered by Harvard not by you. And that is my personal opinion, if a company/university is helping you to get your GC you should also be fair by not switching the job at the very first possibility. If one side plays a fair game the other should also be fair.

3) NIW is self sponsored so it is has nothing to do with Harvard. (But since Harvard spends some money to start your OR you might have to pay some money back, that is pretty much standard in the industry).But be aware that you can only file one I-485 and you have to decide if you will attach it to your NIW or OR (take the one which you think has a higher level of possible approval). There are different opinions how easy it is to switch the I-485 from one petition to the next.

4) You can withdraw it when your other I-140 and I-485 are approved.


Just of curiosity: Are these reference letters all for OR or are some of them also for NIW. Both cases need quite different recommendation letters since you have to address different issues so you shouldn't of course use the same letters for both petitions. And I assume you have all the necessary letters from Harvard (HR, department head, your boss etc) stating that you are not a postdoc (very, very bad word for USCIS) but you have a permanent position.

Thanks for your reply Honkman. I got two letters from the referees one each for OR and NIW.

I was talkng about my husbands H1. Either one of us have to drop the H1B status if we want to be together. Moreover getting a job in the industry is difficult without a EAD. So would you suggest that I keep my H1 and my husband drops his H1 and uses his EAD? Will it in any way affect my H1?

Is it safe for my husband to drop his H1 as soon as my I140 goes through?

I thought I stand a better chance if Harvard sponsors my GC. Is it true? or does it solely depend on the strength of my case?

 

[honkman]

Thanks for your reply Honkman. I got two letters from the referees one each for OR and NIW.

I was talkng about my husbands H1. Either one of us have to drop the H1B status if we want to be together. Moreover getting a job in the industry is difficult without a EAD. So would you suggest that I keep my H1 and my husband drops his H1 and uses his EAD? Will it in any way affect my H1?

Is it safe for my husband to drop his H1 as soon as my I140 goes through?

I thought I stand a better chance if Harvard sponsors my GC. Is it true? or does it solely depend on the strength of my case?

I don't know why you think either of you has to drop the H1B. Your husband can look for a job in the industry and apply with his company for a H1B which is much, much safer for your future than a EAD. Getting a job in industry with an EAD is not easier. All companies I know prefer much more a H1B than an EAD. I would suggest to try everything that both of you to keep H1B (or try to get a new H1B for your husband when he looks for a job in industry).
It is at least safer that your husband waits to drop his H1B until your I-140 is approved, but I would still wait till you get your I-485 approved.
The name Harvard won't help you in any way if your case is weak. I know of cases where very big companies with some of the best lawyers in this country failed with their petition because the cases were weak. If you can't explain the national interest for NIW or if your recommendation letters are not absolute indepenedent (in your case any letter from somebody from Harvard (all departments and institute) doesn't count as independent) your case might fail (just to show a few pitfall). If you count on the name Harvard as your way for success your are going a very risky way especially dropping your husband H1B. In the case your I-140 get denied, he might have to leave the US for awhile.

 

[fatsel]

Thank you very much for the info Honkman.
We will not take the risk of dropping H1 before I140 approval. Thanks.

Most companies are hesistant to sponsor H1 because of quota regualations. At present we are on H1B under a non profit organization. So can we just transfer our H1 or do we have to get a new H1?

At Harvard, they sponsor your case only if your case is strong. So I am hopeful. In any case I will not risk dropping H1 before 140 approval. Thanks for cautioning.

A newbie question - What is LUD, RFE etc. Is there a thread for newbies?

 

[honkman]

Thank you very much for the info Honkman.
We will not take the risk of dropping H1 before I140 approval. Thanks.

Most companies are hesistant to sponsor H1 because of quota regualations. At present we are on H1B under a non profit organization. So can we just transfer our H1 or do we have to get a new H1?

At Harvard, they sponsor your case only if your case is strong. So I am hopeful. In any case I will not risk dropping H1 before 140 approval. Thanks for cautioning.

A newbie question - What is LUD, RFE etc. Is there a thread for newbies?

If you move from one non profit organization to another non profit organization there is no problem with H1B. If you move from non profit organization to profit organization you have to apply for a new H1B visa. In my experience all companies don't hesitate to sponsor you if they are really interested in you. In which field do you work ?
Harvard might be sponsoring only cases that are strong but in the end a lawyer will prepare your case and he is not a scientists. You trust a lawyer blindly that he will write a good enough petition for you without helping him and correcting the petition there is a good chance that a lawyer can easily screw up a strong case. Always check what your lawyer is doing, don't trust them blindly.