self petition vs petition by company

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chandtra

Registered Users (C)
I am planning to apply on both Eb1-ea and eb2-niw. I know that I can change jobs as long as I am working in the same field. My questions are:

1, If I plan to change jobs after I-140 petition is approved, does the I-140 petition have to be a self petition ?

2, Once I-140 is approved, can only apply for I-485 in a different service center ?

3, In general, is there any advantage to self-petitioning ?

Thanks a lot,

Chandra
 
self petition is better

As far As I know, for EA and NIW, you don\'t even have to work. That is you can change your job you want. But you have to self-petition. If the company helps you file the petition and you change your job before you 485 is approved, the company will withdrow your case! That is even your 140 is approved, you have to re-file your petition. I do know a friend got this problem.
 
If you can get your self-petition appoved, that will be great.

However, not easy. Usually the appoving chance for employment-based petition is relatively higher. You can switch to a similar job 180 days after you submit your application for adjustment of status in employment-based petition.
 
I did my self petition and got GC

Hello,

I did self-petition for NIW (NO lawyer) and after RFE response it was approved. I received my physical GC. So from that experience couple of comments:

1. If you have strong case for NIW then only go for it. A strong case means you need to prove why labor certification be waived and how your living in this country is important from that perspective.

2. Also, not too many required, but whatever support letters you get, they should be strong in wording. You can take one of such letters from employer and apply as self petiton otherwise.

3. If you follow above two points with appropriate qulaification and more importantly justification, you should go for self petition NIW.

4 If you are researcher with several papers etc. the better and easier choice would be EB-1.

5. You can also self apply both EB-1 and NIW EB-2 at a time with change in wording of self petiton.

Good Luck!
 
No Title

I am pretty sure that you still have to be employed even if you file EA (at least to maintain your legal status in US). You can change jobs and locations but you have to update ins (and likely delay your petition) to avoid problems at the interview. But I heard EA filers get passport stamped without inteview quite often.
 
Yes I received my GC last week. My case was CP not AOS.

Interestingly I applied for AOS but got approved for CP which turned in a way good. I had interview in Mumbai Consulate in January last week. I came here on February 7 and received my actual GC on Feb 22.
 
Significant time you can save with this easy process.

If your case is straightforward, then from my experience as well as what I saw of others, I can say that CP is easier and quicker compare to AOS.

In AOS you need to file I485. Then once you receive receipt, depending on the INS field office your EAD and Advance Parol can be immediate or with some time. Then you need to go for finger print once your case come to them. Then you again need to wait for finger print approval. Then depending on INS load, it can take 6-8 months or even more to get interview call to stamp passport. Then finally you will receive greencard after 2-6 weeks. So after I-140 approval it may take more than year.

For CP you need to receive packet from Department of State after approval of I-140. Usually it comes within 4 weeks (mine came in 2 weeks). Then you need to send filled up form to your designated consulate who in turn will send you interview date approximately after one month. (If you sent them in Feb, they will give in April or by May). Go there, do your medical one day have exact paperwork, spend one day at consulate and you are all set with Visa. Come back to US and get passport stamped at Port of Entry and receive GC any time with 2-6 weeks. Frankly it doesn\'t matter as stamp on passport is temp GC anyway!- So basically around 4 & 1/2 months after I-140 approval.

All this for EB1 & 2. I am not sure for EB3 and family visas.
 
Need info from \'vdesh1\'

Hi..

I am preparing to apply for NIW EB-2 ..I read your postings and got lots of info on it..is it possible for me to get a copy of your cover letter and self-petition (15-16 pages ) ... It would really help me build my case...

thanks..jason..
 
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