Please, please help me guys!!!

[lca123]

This is for a friend....

"I have been approved under EB-2 (NIW) application. My post-doc employment will end in July this year and I am wondering if having a job is essential while doing the GC interview. I am concerned that by the time the NVC processes my case and sends it to the consulate it will be after July and I will not have a job? Do I need to have a job while doing the GC interview?

Please help me guys"

 

[fikabir]

Although, it is a self-petitioned NIW case and technically you don't need a job offer to get the green card. But question may arise about the public charge, how will you maintain your living cost! My opinion is, show them you have enough money in your Bank account for maintaing your living cost, atleast for 6 months. Also, you can show them your previous paystub/employment letter and tell them you are looking for a job and expecting to get it by 6 months.

Since, yours is CP case you may not be able take a lawyer. Taking a lawyer is a good option in this case, I believe. Mine is also a NIW case and waiting for the interview.

 

[way]

Hi
What is the CP case and GC interview?

 

[fikabir]

CP Stands for Consular Processing. Once your I-140 is approved, you can adjust Status to US (by submitting I-485) or you can get your green card through consular processing. For I-485, sometimes INS Service Center transfer cases to the local INS for interview. Treansfer of cases are very common now a days for NIW/EB1. It takes several months to schedule interview, depending on the local INS office.

 

[ag28]

might be a good idea to go the I-485 route

For CP...if it is denied, then there is no recourse..no appeal and you won't have a lawyer. even though NIW doesnt require a job offer, a person has to be in an NIW field. It might be a good idea to file I-485.Its more time consuming but most lawyers say that if job is not certain...then do not go for CP.

 

[caiyw]

I see

ag28:

Thanks for this informative post. Question I have is: If your
CP is denied, can you then reverse back to I485 or all of your
effort during labor/I140 is wasted?
I just started I485 in TSC, which takes a loooooooooong time,
that's why I am thinking maybe change it to CP. But, I am also concerned about the risk of being denied.
Thanks very much for your advice.


caiyw001

 

[leroythelion]

Re: I see

Originally posted by caiyw001
ag28:

Thanks for this informative post. Question I have is: If your
CP is denied, can you then reverse back to I485 or all of your
effort during labor/I140 is wasted?
I just started I485 in TSC, which takes a loooooooooong time,
that's why I am thinking maybe change it to CP. But, I am also concerned about the risk of being denied.
Thanks very much for your advice.


caiyw001

Why would you think it will be denied? Almost for sure, any reason for denial during CP would result in an I-485 denial, too.

Brian