No I didn't apply under "NIW" category, but under "aliens of extraordinary ability" category. I am pasting some information that I got from Messersmith Law Firm website:
EB1 & NIW Self-Sponsorship
There are two ways in which a foreign national can bypass the requirement of a job or job offer and labor certification/PERM and apply for US permanent residence. They are the priority worker EB-1 category for Aliens of Extraordinary Ability and the exceptional worker EB-2 National Interest Waiver (NIW) category. Although these are employment based immigrant categories, neither require actual employment or even a job offer prior to the filing of the application or the approval.
The requirements of each category are quite stringent and a casual observer may believe that a Nobel prize is required to get an EB-1 petition approved, this is not the case. Likewise, the NIW requirements can be overcome with a strong legal argument.
The benefits of the EB-1 and NIW are enormous: Speed, Cost, and Freedom.
A normal labor certification process can take years. The labor certification must be approved before the the employer can even file a sponsorship petition with the USCIS. EB-1/NIW petitions can be concluded in one year.
Labor certification requires costly advertising fees and the employer is burdened with the monetary and time expense. Employers may pass these costs on to the employee through lower wages.
While these petitions are pending the employee is tied to the employer until the process is completed. During this time, the employer wields an enormous amount of power over the employee which places the employee in a very weak position.
If in the United States, an applicant may submit both an EB-1 and an NIW petition simultaneously. At the same time, the foreign national may apply for permanent residence for him or herself and his or her spouse and children. When permanent residence application is filed the applicant and the spouse may also apply for work permits and travel documents to use while the petition is pending. The work permit allows the holder to work for any United States employer and the travel document allows to travel internationally without abandoning their petitions.
smbaps said:
Did you apply under NIW category?If your I-140 is approved and I-485 is pending for last 6 months, you are eligible to change your job within the the same field.There are lot of threads onto murthy.com which are releavant to your questions.
smbaps
