jimjason77 wrote:
>>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.
>
>
> Thanx.
>
> Yes, the requirements for NIW and Outstanding have not changed. But, the
> time changed... I know, one year ago, because of the Terrorism issue,
> INS makes the NIW approval much tighter. But now, the government seems
> more care about the election. So, to get more support for the election,
> they loosen the immigration restriction, and want to show they are
> friendly to the foreigners. You know, now, the government is proposing
> some new rules. Then, even the illegal immigrant can be possibly
> legalized. That is why, if to apply for the I140&485 now, it will be
> much much faster than 1 year ago. I heard form some of friends, they got
> their I140&485 approved in just 3 months.
>
> Although I140&485 is easy now, to get the Labor Certificate sill need
> much of the time. When going through RIR, nomally needs half a year to
> post advertisement, and one more year just for waiting for the Labor
> Certificate getting approved. So, normally need one and half year before
> you can file I140.
>
> NIW and Outstanding do not need the Labor Certificate. So, they can save
> much of the time. But, I am not sure how easy to get those petitions
> approved now? Still tight as before, or much easier? So, if you know, or
> if you hear from some of your friends who applied for NIW or
> Outstanding, could you share your opinion. Thanks.
>
> Yes, I am in USA now, and on H1B. My company can support my petition, no
> matter it is Labor Certificate, or NIW or Outstanding. It all depends on
> my selection. I kown, by comparing to apply by yourself, if you can get
> the support from company for NIW petition, it will be much more possible
> to get it approved. So, I want to know, how easy or tough now for the
> NIW or Outstanding petition???
>
> Anybody has any idea, please let me know. I do appreciate for your help!
>
> JIM
>
With the election coming up, it is CITIZENSHIP cases that are getting
priority, not immigration. NIW is just as hard now as ever.
Now, as I stated before, you have to be able to answer the question
"Will the USA be harmed by the delay for your getting an LC processed?"
If the answer is yes ... and you can justify HOW the USA would be
harmed and the justification is reasonable, then go for NIW or
Extraordinary.
But, I suspect that since you are here on an H1B, there is probably time
to file for an LC. RIR requires that the post have *previously been
advertised* and unsuccesful in recruiting a candidate. That will speed
up the process. If they haven't advertised your position previously,
then they'll have to go through full LC.
Now, if you apply for EB1 or NIW, and they fail, then you're even
further behind ...
Go talk to a good lawyer. You will need it for EB1 and NIW anyway.
Self petitioned NIWs and EB1s fail over 90% of the time anyway because
of insufficient information to justify the NIW or EB1.
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