Questions: Visa # and 180 day Rule for NIW

N

naiver

Registered Users (C)
Dear All,

I am now F1 and will graduate in about 3 months. My NIW case is approved. I am going to file 485 with my wife.

Two questions for filing 485:

(1). Visa number:
Is this the Control Number appearing in the visa, something
like 2002xxxxxxxxxx? or the 8-digit RED number at the lower-right
corner.

(2). Do I have to stay with my current employer (the University) for 180 days after the RD of the I-485?

Once again, I am on NIW and am going to graduate in 3 months. If I have to stay for 180 days, I will talk to my professor to be a post-doc for another 3 months to meet the 180 days requirement.

Thanks for your input!
 
1. Is this something asked in one of the questions? Alien number is generally given in the I485 receipt- generally this is referred to the immigrant visa number which is given after I485 is applied in your case (I140 approval also has this number)

2. I am not sure whether that is a requirement for a NIW petition. but you will have to be in the same field I guess. Ask the immigration counselor.
 
Thanks first for your post.

1. Yes, the Visa number is asked in the i-485 form. Visa number appears in one's visa stamp (for example my F1 visa). But I can not tell which number is visa number. It is different from A#, I guess. In my case, I have no A# yet - I have not applied for OPT and I can not find the A# in my i140 approval notice either.

2. I will definitely remain in the same field. However, since I am going to graduate before my i-485 has been filed for 180 days, so, I will probably not meet the 180 days requirements (if this is applicable to NIW). That is why I want to make sure there is no such a ruling for NIW. If so, I will try to stay longer than 180 days....

By the way, as for the job field, there are three places in I-140 application define/mention it. Although they are approximately the same, there is subtle difference. Which one does BCIS look at?
1. SOC Code specified in I-140 form
2. Non-technical description of the job (the proposed job) in I-140 right under the SOC code in I-140 form, or
3. The "Occupation in which alien is seeking work" the ETA-750B form.

Thanks,
 
Obviously the GC would not have been applied for a "student" job. So your graduation should not be affected. For definition purposes 1 or 3 would serve as the guideline. In fact they should be the same. 2 will serve as the leeway for you to work the phrase "similar occupational classification". This will let you take advantage of the "similar job" stipulations which will come into effect after 180 days.
If the GC is applied for a research post I would definitely suggest staying as a PDF till the 180 day mark atleast.
If you are not sure which is the visa number, just attach the copy of the visa and point to that document as answer to the question.
 
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