Please help my NIW application!!!

E

EB1NIW

Registered Users (C)
I am a newcomer in this forum, and hope to get some help from the forum.
At present,I am a H-1 holder and ready to apply for GC based on NIW. My questions are:
1) As I will change the employer one year later, could I apply for a new H1 visa after I-140/I-485 are concurrently filed?
2) If NIW applicant changes the job before I-140 is approved, how does INS determine if the research field is not changed? What determines the original field? Some sentences are mentioned by the cover letter or recommendation letters? For example, I studies a protein in a specific signal pathway. Whether should I still study this protein, or just study the general signal pathway? Are there any tricky methods to avoid this trouble in NIW application?
3) As i was a member of one professional association, how long should i keep the membership? After I-140 approval, or I-485 approval?

Thanks!
 
Originally posted by EB1NIW
I am a newcomer in this forum, and hope to get some help from the forum.
At present,I am a H-1 holder and ready to apply for GC based on NIW. My questions are:
1) As I will change the employer one year later, could I apply for a new H1 visa after I-140/I-485 are concurrently filed?

---> Yes, you can apply for H1 status/visa while your I-140/I-485 is pending.

2) If NIW applicant changes the job before I-140 is approved, how does INS determine if the research field is not changed? What determines the original field? Some sentences are mentioned by the cover letter or recommendation letters? For example, I studies a protein in a specific signal pathway. Whether should I still study this protein, or just study the general signal pathway? Are there any tricky methods to avoid this trouble in NIW application?

---> Yes, your point is very crucial. How you frame your petition letter (and recommendation letters) can be very crucial. Usually, you want to remain in the "similar field" as per your petition letter. So if you forsee changes like this, you should formulate a proper strategy with your lawyer, so that the petition is not narrowly defined.

3) As i was a member of one professional association, how long should i keep the membership? After I-140 approval, or I-485 approval?

---> Paid membership to professional associations don't carry too much weight for NIW petitions.

Thanks!
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