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Quick question - EB1/2 and NIW Posted on: Fri, 6 Jan 2006 19:45:18 -0500

Hi, quick question.

I am currently in the US on a H1-B visa (started as Canadian under TN-1 visa
and then my employer sponsored H1-B). I would like to self-sponsor myself
for the EB-1 or EB-2 category with National Interest Waiver. Currently I
have the following:

- PhD, MSEE, BSEE degrees all obtained; MBA degree in progress in the US

Under the supporting documentation required for I-140 I have:

(01) receipt of lesser nationally or intenartionally recognized prizes or
awards for excellence in the field of endeavor -- one industrial prize and
two national research prizes for my MSEE and PhD studies

(03) published material about the alien in professional or major trade
publications or other major media -- articles about myself and a Canadian
business published in US and Canadian newspapers/magazines (2 total) -- does
this count?

(04) participation on a panel or individually as a judge of the work of
others in the field or an allied field -- participant in an international
journal review panel

(05) original scientific, scholarly, artistic, athletic, or business-related
contributions of major significance in the field -- have provisional
patents, also a number of journal and conference publications

(06) authorship of scholarly articles in the field, in professional or major
trade publications, or other major media -- journal and conference
publications as (05) above

(07) display of the alien's work at artistic exhibitions or showcases --
conference presentations (3 total)

(08) evidence that the alien has performed in a leading or critical role for
organizations or establishments that have distinguished reputations --
currently working as a researcher for a well known US corporation; can
obtain reference letter(s) from management if necessary

(09) evidence that the alien has commanded a high salary or other high
remuneration for services -- not very strong here, salary is higher
than average but not substantially higher (i.e. ~20-25% higher than
equivalent employees, not 2-3X higher)


Now for the questions:

- would this give a good chance at self-sponsored EB1/2 under NIW?

- is the rule to file I-140 first and then I-485 after, or can they be filed
concurently?

- any other suggestions?

THANKS!!!!