Urgent: EB1a, RFE, Refiling


kkumar1

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I have applied my I-140 under NIW (by mistake) and then in EB1a premium processing (PP). My case went to a difficult officer in EB1a pp and got a RFE for major significance despite having over 280 citations, and several peer reviewed journal articles and editorial board members. My attorney is not confident that it will get approved if we take time and reply to RFE. 

 

My current J-1 is ending on Sept.21, 2015!! I haven't applied I-485 so far. I am planning to withdraw my EB1a and NIW applications and refile I-140 and I-485 in EB1a regular, not PP. I see in USCIS website that currently EB1a I-140 processing times are nearly 6 months. In this case, I should have enough time to find either a H1b sponsor or get EAD way before my I-140 goes for processing. In case I get EAD, I will have more time (and chance) to join new job or to improve the citations or gather more evidence to show major significance. 

 

--Is refiling I-140 and I-485 in EB1a regular, a good idea?

--What is the chance that my refiled case goes to the same difficult officer at the Texas service center?

--Is it better to wait for withdrawal notices before refiling I-140 and I-485 in EB1a regular?

--How long does it takes to get withdrawal notice from NIW? I may get withdrawal from EB1a in 15 days as it is under PP category.

--If I get EAD, will there be any valid date on that since my concurrent I-140 will still be in processing?

At this point, I'm unable to find a H1b sponspor and so have to take certain steps which would allow me to stay in this country.

 
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