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Need your input. Thanks!# Immigration - 落地生根
J*y
1
Need your input. Thanks!
Due to my stupid mistake, things become complicated.
My current H1 will expire at the end of this August, while my H1B started to
clock from Sep. 27, 2008. So it leaves 26 days left before reaching the 6
years’ limit.
Somebody mentioned early that the approval of I-140 for EB1-A could not be
used to renew the H1-B beyond the 6 years limit.
I have been working hard to prepare my EB1-A application. It looks now I
might have to postpone it and try to look for NIW application. But I only
have less than 7 months.
Here is my background:
M.S. and Ph.D. in Chemical engineering from US;
In M.S., published 3 journal papers on nanoparticles for removal of
hazardous organics from water; These papers got about 110 citations based on
Google Scholar;
In Ph.D., published 4 journal papers on controlled drug release, these
papers got 62 citations.
Later, published 2 journal paper and one review papers on drug delivery to
brain. They only got 2 citations so for.
My M.S. work had some relation to “Improving the U.S. environment”, but
right now I am not working on this direction; The rest of my work has some
relation to “Improving health care”.
So, if I try NIW, what is the better strategy to claim the national interest
? “Improving health care”? or combine “Improving the U.S. environment”
and “Improving health care”?
I really appreciate your kind input. Thanks!
{The following factors are weighted when evaluating whether a national
interest waiver for an advanced degree professional should be granted. It is
not necessary that all of these factors be present:
1)Improving the U.S. economy; 2)Improving wages and working conditions of U.
S. workers; 3)Improving education and training programs for U.S. children
and under-qualified workers; 4)Improving health care; 5)Providing more
affordable housing for young and/or older, poorer U.S. residents; 6)
Improving the U.S. environment and making more productive use of natural
resources; 7)Involving a request from an interested U.S. government agency}
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s*a
2
为啥不找你的HR问问呢?
随便看了一下某律师的网页H1b延期介绍,个人以为只要140批准就可以延H1b啊.
另外不觉得NIW和EB1a的140对H1b延期有任何不同.还是咨询律师或者HR吧.
另外觉得你还是有时间file EB1a的,加油吧!或者同时file NIW也行.
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b*j
3
用中文发,题目清楚点可能会有更多的回复
1)只要140批准就可以无限制延H1b;
2)你的条件NIW推荐信好点就没有问题,Eb1a的话要累积些审稿和引用。Eb
1a的好处是可以pp,万一RFE了回应还算pp,可以很快知道结果。
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S*v
4
建议NIW‘Eb1A同时提交,再pp 一般两个case都会处理。当然你有可能会觉得增大1A的
rfe的可能,如果eb1a够强或者包装的够好,可能2个都一起批准, 我的就是个先例。
就不要心疼niw 140的申请费了。
http://www.mitbbs.com/article_t0/Immigration/33109717.html
如果只有niw批了,花费2400大洋,积攒点1A的经验, DIY足够了。
祝楼主好运!
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J*y
5
I have reviewed 43 manuscripts for 12 journals.

【在 b****j 的大作中提到】
: 用中文发,题目清楚点可能会有更多的回复
: 1)只要140批准就可以无限制延H1b;
: 2)你的条件NIW推荐信好点就没有问题,Eb1a的话要累积些审稿和引用。Eb
: 1a的好处是可以pp,万一RFE了回应还算pp,可以很快知道结果。

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J*y
6
My only goal is to get a work visa after my current end before the 6 years
limit is reached.
I could not submit the I-485 until 2015 due to some issues.
Thanks!

【在 S****v 的大作中提到】
: 建议NIW‘Eb1A同时提交,再pp 一般两个case都会处理。当然你有可能会觉得增大1A的
: rfe的可能,如果eb1a够强或者包装的够好,可能2个都一起批准, 我的就是个先例。
: 就不要心疼niw 140的申请费了。
: http://www.mitbbs.com/article_t0/Immigration/33109717.html
: 如果只有niw批了,花费2400大洋,积攒点1A的经验, DIY足够了。
: 祝楼主好运!

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S*v
7
Apply for the O1 VISA instead.
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w*e
8
There are only two situations in which an H-1B status holder can extend his/
her visa status beyond the 6-year limit:
1. If the H-1B holder has filed either a Labor Certification application or
an I-140 petition 365 days before reaching the six-year limitation AND the
LC or I-140 has not been denied, the H-1B visa holder may extend his or her
status on an annual basis beyond the six-year limitation. There is no upper
limit on total years in H-1B extension under such a circumstance as long as
the immigration process is still ongoing.
For example, Mr. Park’s employer filed PERM for him one month before Mr.
Park reaches the five year anniversary of his H-1B. The PERM has been
delayed due to auditing. Next month, Mr. Park is going to reach the final
year of the six-year limitation of his H-1B status. Mr. Park’s employer
may file an extension for Mr. Park now so that he can remain in H-1B status
beyond six years.
Assuming Mr. Park’s PERM is approved before the six year anniversary of his
H-1B, Mr. Park has filed an I-140 and I-485, and both cases are pending, Mr
. Park will be able to extend his H-1B based on his pending I-140 and I-485
cases.
2. If an H-1B visa holder has an approved I-140 petition AND the immigrant
visa number is not available to him/her due to visa number retrogression (
not eligible to file I-485 due to visa number limits), the H-1B visa holder
may extend his/her statusin three-year intervals beyond the 6-year limit.
There is no 365-day requirement for this circumstance.
For example, Mr. Wang is an engineer from China and he retains our firm for
a PERM case when he only has about ten months left for his total six-year H-
1B period. Our firm successfully receives PERM approval within six months
and files the I-140 petition immediately. Due to the visa retrogression for
Chinese nationals, Mr. Wang is unable to file his I-485 together with his I
-140. Fortunately, his I-140 gets approved within three months, exactly one
month before he reaches his six-year H-1B limitation. We proceed to file
an H-1B extension request for Mr. Wang based on the approved I-140, and
receive H-1B approval for three years.
For another example, Dr. Rajeev from India files his NIW I-140 petition
through our firm about six months before he reaches his six-year H-1B
limitation. His I-140 is approved in three months. Dr. Rajeev is not
eligible to file I-485 due to immigration visa number retrogression for
Indian nationals. Dr. Rajeev is eligible to extend his H-1B for three years
based on his approved I-140.
- See more at: http://www.hooyou.com/h-1b/h1b_exten_6years.html#sthash.mlTUWHMw.dpuf

【在 b****j 的大作中提到】
: 用中文发,题目清楚点可能会有更多的回复
: 1)只要140批准就可以无限制延H1b;
: 2)你的条件NIW推荐信好点就没有问题,Eb1a的话要累积些审稿和引用。Eb
: 1a的好处是可以pp,万一RFE了回应还算pp,可以很快知道结果。

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