> 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!!!!
Hi:
This is NOT a "quick question."
There are a lot moe questions that you would have to answer in order to
arrive at a recommended course or courses of actions.
BTW -- EB-1's don't need a labor certficate by definition, so they don't
need a waiver of same in the national interest.
Further BTW, CIS strongly frowns on NIW's.
I-140 can be filed concurrently with I-485 IF the priority date is
"current" on the most recent Visa Bulletin.
It is possible to file concurrent I-140's for more than one
immigrant category.
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
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