quesion about EB1-OR/NIW

N

nonoxph

New Member
Hi,

I have filled my NIW (ND 08/31/2003) and desperately wait the respone from NSC. Now I just started my permenant position in a university and are thinking about concurrent filling I140/I485 under EB1-OR. My friend told me that it is too early to file my petition since I just start my new position. Is this current?
In addition, will concurrent filling be faster than filling I-140 alone.

Thanks a lot.
 
To file under EB1-OR category you need to have at least 3 years of expertize in your field, though grad school can count if you published your work at that time.

If you already have your NIW pending close to a year, why didn't you file I485 along with it? Or at least file it now based on NIW I140? If you file I485 now, before I140 NIW is approved, it would still be considered as a concurrent filing.
If Ohata memo is actually implemented at BCIS centers and you get your FP done soon - this can be a very fast solution for you.

EB12-OR-VSC
ND: 04-02-2003
 
Since the Ohata Memo applies only to employment-based petitions,the concurrent filing procedures per Ohata Memo are NOT applicable to NIW cases.

It might help in your OR petition as it is employment based.
 
Just remind everybody. NIW is also an employment-based petitions. So, the Ohata Memo can also apply to this category.
 
Employment-based petitions are a broad concept, opposite to family-based GC applicaition.
 
EB1NIW said:
Employment-based petitions are a broad concept, opposite to family-based GC applicaition.
Click to expand...

To the point: HOW is NIW employment-based??

An employer does not file an NIW petition for the NIW applicant.The applicant himself/herself prepares and files the petition.So, it is not employment-based.
 
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