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Subject: Re: ***Current Successful Probability for NIW or Outstanding Reseacher???? Posted on: Wed, 18 Aug 2004 20:24:47 EDT

jimjason77 wrote:
> Hi,
>
> I know 1 year ago, it is very tough to apply Green Card through NIW.
> Lots of rejection...
>
> So, my question is:
>
> 1. What about now? the approval ratio of NIW or Oustanding Researcher
> recently? Any statistical data?
>
> 2. I know, similar documents are needed to prepare for these 2 kinds of
> petitioins. And, my company can support me (I am a H1b holder). So,
> which will be in a lower risk, NIW or Outstanding?
>
> Thanx!
>
> JIM
>

Why should it be any different now? The requirements haven't changed.

You need to be able to answer the question ... What would the USA stand
to lose by your not skipping the Labor Certification process? You have
to be able to define that in very specific and quantitative terms.

In other words ... A few months if a few months in the labor
certification process is going to cause a significant loss to the USA,
then you may be able to justify it. But, you're in the USA now on an
H1B ... and your employer has been able to sponsor you through labor
cert for a while now ... You can't be all *that* special, if that's the
case. They would have filed for you almost instantly if you were.

So, file for LC now. Then when it's approved file I-140, I-485 and EAD
all at the same time. You should then get your EAD before the H1B
expires, and you don't have to go through the headaches of preparing a
probably unsuccesful priority application.