S.O.S. on NIW -- I-140/I-485 issues

G

g_horse2000

New Member
Subject: Anybody succeeded with NIW petition without legal help?

I am an Indian citizen, got my MS and PhD in Applied Economics related disciplines in the U.S., followed by 3.5+ years’ post-doctoral experience (will be 4 years in March 2008). My employer renewed my H1B for a short second term, less than three years, and hence I am running out of my H1B status soon (June 2008). I cannot afford the high lawyer fees involving the petition for a green card, and have been considering doing it on my own. I wish to apply in the National Interest Waiver (NIW) category. If anybody who succeeded by applying on their own (or even with legal help), could you please tell me about your experience? In particular, I have the following questions, but any help will be appreciated.
1) What are the chances of succeeding with this petition without legal help? What are the pros of cons of this? Does legal help add credence to the petition?
2) If legal help will be a whole lot better, does anybody know of lawyers who can help at reasonable rates and will accept payments after approval?
3) If I do it on my own, should I file I-485 along with I-140?
4) As I understand from the I-140 instructions, for an I-140 application in NIW category, I need to furnish at least three of the ten documents/items listed in section B (Page 2, Column 1 of I-140 List of Instructions). Am I right?
5) With reference to section D (Page 2, Column 1 of I-140 List of Instructions), if I get a letter from my current employer, do I still need a letter from myself explaining how I intend to continue work in my area of expertise?
6) If approved, what is the estimated time it might take for I-140 and I-485 approval (with and without premium processing)? How effective really is premium processing?
7) What is/are the necessary documents I should have in hand to keep me in status after H1B expiry? Will acknowledgment of receipt of I-140 petition suffice or do I need to get it approved for this before my H1B expiry so I don’t fall out of status?
8) Does filing an I-140/I-485 hurt my chances of getting an H1B extension, in case I need one?

Many thanks in advance!
 
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Answer to question number:

6. There is no premium processing available for I-140 at this time. Approval of 140 can take anywhere from six to twelve months. Approval of 485 depends on priority date movement for your country of birth.

7. To extend your H1 beyond six years you must have your 140 approved (or labor certification application filed more than 365 days ago - but in your case I believe there is no labor certification required for NIW). Reading your other posts it seems like your H1 would still have two years to reach six year limit, right? In that case you do not need anything to extend it except your current or new employer to file I-129 on your behalf before your current H1 expires. However, if you do not want to extend your H1 then you must have submitted your 485 before your current H1 expires to maintain legal status. You will then need EAD to work and AP to travel.

8. Filing 140/485 does not hurt your H1 extension. In fact an approved 140 is required to extend your H1 beyond six years.
 
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Well, being an Indian citizen, NIW may not be the best option as an alternate for H1B since EB2 category is retrogressed to April 2004 and you cannot file I-485 if the category is not current. There could be a possibility that it might get current by the time your H1B expires but that seems unlikely.

Also for NIW, your work has to be of national interest.

The best option is to file in the EB11 category if you quialify for that. You can aply on your own. Many of us have done that here in the forum.

Hope this helps.
 
I don't know your qualifications, but I would suggest you also go for EB1A because it is much faster than NIW.
 
h1 extension

I am not very sure. But, I felt that you can extend you H1 based on pending I-140 for Eb1 or EB2 -NIW . It does not have to be approved. Correct me if I am wrong.
GGS
 
destinychild said:
I am not very sure. But, I felt that you can extend you H1 based on pending I-140 for Eb1 or EB2 -NIW . It does not have to be approved. Correct me if I am wrong.
GGS
Click to expand...

I think, either the I-140 has to be approved or
I-140 pending with LC filed for at least a year or more to extend H1B beyond the 6th year.
 
I think for those of us without LC, a pending 140 of more than 365 days is enough for H1 renewal beyond 6 years. Can anyone confirm this?
 
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