Status of NIW applicants at VSC since September 2005

santini said:
madgu, congrats, can you share your credentials
140 RD9/29/2005
ND 10/24/2005
NO NEWS YET
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Hi Santini, Here are my credentials

1. 10 publications - 7 international and 3 indian journals
2. 6 letters of recommendations - 3 from US and 3 from other countries - all letters are very strong and different
3. couple of articles reviewed
4. 3 years of post doc and now working as a research assistant with the same professor
5. before obtaining ph.d having work experience in industry for about 2.5 years
6. 10 conferences attended and presented papers (oral/poster)

You might hear something positive from USCIS soon. what about your credentials.
 
eb1doc said:
congrats!
your qual were perfect fro Eb1-OR too!
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Thank you eb1doc. Can I apply on two categories EB1=OR and EB2-NIW? If so what we have to do? refiling i-140? let me know. i am from INdia.
 
madgu-gc2005 said:
Thank you eb1doc. Can I apply on two categories EB1=OR and EB2-NIW? If so what we have to do? refiling i-140? let me know. i am from INdia.
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Well Madgu,
Yes you can apply for both....yes just a refile....of I-140...Your NIW is approved......I guess you are waiting for dates to become current till u can apply for I-485....is that right...under that circumstances trying for EB1-OR is nor a bad idea as EB1 dates are approaching faster towards 2005...there is gap of almost 2.5 years between eb1& eb2 dates for INDIA.........but keep in mind its totally different presentation of case.......with permanent job letter & as said your good letters....and skillful presentation...i am sure you have a chance.....in any case u don't loose anything!!!!
 
eb1doc said:
Well Madgu,
Yes you can apply for both....yes just a refile....of I-140...Your NIW is approved......I guess you are waiting for dates to become current till u can apply for I-485....is that right...under that circumstances trying for EB1-OR is nor a bad idea as EB1 dates are approaching faster towards 2005...there is gap of almost 2.5 years between eb1& eb2 dates for INDIA.........but keep in mind its totally different presentation of case.......with permanent job letter & as said your good letters....and skillful presentation...i am sure you have a chance.....in any case u don't loose anything!!!!
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Thanks eb1doc for your input. By the way i went through lawyer and I have filed both 140 and 485 concurrently during last part of Sep. 2005. With the same letters can i ask my lawyer to file I-140 under Eb-1 OR or i should get fresh letters altogether. In case something happens with EB-1 OR i-140 then can i use the approval of I-140 under NIW. Yes there is a gap of almost 2.5 years between eb1 & eb2 dates for india. I would appreciate your further input on this. what should be the criteria for eb1-OR? I think you got the approval under eb1-OR am i right? what are your credentials?

Thanks
 
Well thats good abt I-485!May be you can ask these queries (mainly interlinking I-485) to your lawyer.....generally letters are different for OR ...main aim there is to prove that you are amg top in ur field......yes mine is Eb1-OR...credential are alright!!!
 
Eb1-or

Congratulations Madgu

But EB1-doc correct me if I am wrong, but should'nt an employer file EB1-OR as against just getting a letter of permanent employment.
 
niwnow said:
Congratulations Madgu

But EB1-doc correct me if I am wrong, but should'nt an employer file EB1-OR as against just getting a letter of permanent employment.
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Thats correct!
 
Hi Eb1-doc

I got the copy of approved I-140 from USCIS and the original was sent to my attorney. Is it necessary for me to have the original or the copy will serve for the administration purpose if it is required.

One more thing if i want to apply eb-1 category then can i file I-140 on my own or the employer has to file. Please let me know

thanks
 
madgu-gc2005 said:
Hi Eb1-doc

I got the copy of approved I-140 from USCIS and the original was sent to my attorney. Is it necessary for me to have the original or the copy will serve for the administration purpose if it is required.

One more thing if i want to apply eb-1 category then can i file I-140 on my own or the employer has to file. Please let me know

thanks
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Congrats!
As far as NIW I-140 is concern copy shd be fine for you!
EB1-OR I-140 is to be filed/signed by employer.....as it is employement based unlike NIW. Generally employer tells you/lawyer to prepare the petition and he/she signs the paper work.
 
eb1doc said:
Congrats!
As far as NIW I-140 is concern copy shd be fine for you!
EB1-OR I-140 is to be filed/signed by employer.....as it is employement based unlike NIW. Generally employer tells you/lawyer to prepare the petition and he/she signs the paper work.
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Hi Eb1doc,

By the way i work as a research assistant after 3 years of post doc with the same professor (in the university) and my salary comes from the grant. As long as grant is there i am employed by my professor. Meaning if there is no fund availble then the university does not take any responsibility of providing salary. In such situation who will sign the papers and for this whom to approach? should I start from my professor or contact my administration. I am totally unaware of the process. I would appreciate if you provide me details

Thanks
 
Hi guys,

I would like to share the good news about my I=140. YES!!! finally got approved and received the copy of I-140 approval notice yesterday from VSC. Good luck to everyone who is waiting for.

My UPDATED details are:

EB-2 NIW (VSC)

I-140 ND: 9/23, LUD: 9/24 AD: 02/28/2006; PD: SEP/19/2005
I-485: ND 9/23; FP results UD 10/20/05 LUD: 11/08/2005 AD : ???? WAIT
 
madgu-gc2005 said:
Hi Eb1doc,

By the way i work as a research assistant after 3 years of post doc with the same professor (in the university) and my salary comes from the grant. As long as grant is there i am employed by my professor. Meaning if there is no fund availble then the university does not take any responsibility of providing salary. In such situation who will sign the papers and for this whom to approach? should I start from my professor or contact my administration. I am totally unaware of the process. I would appreciate if you provide me details

Thanks
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Now that makes Eb1-OR difficult.
IF yoru professor/university mentions that ur salary depends on grants then its USCIS may have objection about your permanent position. i sugges you to read AAO decisions from NSC about this issue and carefully draft letters about permanent job issue!!
 
eb1doc said:
Now that makes Eb1-OR difficult.
IF yoru professor/university mentions that ur salary depends on grants then its USCIS may have objection about your permanent position. i sugges you to read AAO decisions from NSC about this issue and carefully draft letters about permanent job issue!!
Click to expand...

Hi Eb1doc,
Can you please provide the link for AAO of NSC and i am not getting it?
 
eb1doc said:
for Eb1-or try this
http://uscis.gov/graphics/lawsregs/admindec3/b3/index.htm
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Thank you Eb1doc for providing the information. you are a good resource person. I talked to my attorney and he says that there is a possibility of i-140 under eb1-or to get approved. I have asked for more information. I am still really confused about the position "permanent". No non tenure track research faculties are permanent in universities I believe. do you know anybody who is non tenure track research faculties (research assistant, research associates etc) who are employed by the university but their salary comes from the grant, are called permanent employee. can you shed some light on this.

Thanks
 
Possible explanation for erratic I-140 NIW approvals

I read the following in Murthy.com website which explains why some applicants are getting faster consideration or approvals than others. It appears it has nothing to do with the merit of the case. Potentially, they could take their sweet time until our Priority dates become current in another 6-8 months.

http://www.murthy.com/news/n_verfeb.html (last article)
I-140 Adjudications with Retrogression

A question was asked as to whether or how retrogression and the unavailability of visa numbers is impacting I-140 petition adjudications. The VSC advised that they are not specifically shifting adjudicators away from I-140 petitions. Some of the I-140 adjudicators, however, also adjudicate I-485 adjustment applications. Thus, as more I-485s become eligible for adjudication because of forward movement in the Visa Bulletin cutoff dates, some of the adjudications staff may be needed for the I-485 cases, which will likely cause a slowdown in I-140 petition processing.
 
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