I-140 Approved under NIW


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I have an approved I-140 (NIW, EB2 India) with a priority date of July, 2010. My I-140 got approved based on the research that I had conducted during my PhD and Post Doc (between 2004-2010). I had several publications and citations in the field of Chemistry at the time of my I-140 application submission. I completed my post doc fellowship in June, 2011.

Since 2011, I have worked on H-1B in Industry positions and has held several positions within R&D organizations in pharmaceutical industry. However, I have not published any papers during my tenure with industry due to proprietary reasons and also because my job has been in Drug Product support areas (wherein publications are not common).

My question is => If my employment history in industry while on H-1B can have any negative impact on my approved NIW application and if there are even remote chances that my I-485 be denied because I am not doing research in lab setting (which was the basis for my NIW application approval)? Although I am working in the same field (i.e. R&D and Regulatory Affairs) as mentioned during my NIW application (Chemistry, R&D).

Historically is there a precedence that I-485 was denied for someone with approved I-140 under NIW category. Any insight is highly appreciated.

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  • 4 weeks later...

Thank you for your reply. Very helpful.

I have one follow up question. Since, there is a huge backlog in EB2 India right now, my priority date may not become current for another 2-3 years. If during this time, I loose my job, loose H-1B status and am unable to find another job in 60 days, I may need to leave US and return to my home country. My question is -- will I still be eligible for submitting I-485 once my priority date becomes current (EB2-NIW, India; July 2010) and after I have already left US due to loss of JOB/H-1B status.

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Past performance is not representative of future returns. This maxim of the financial SECTOR holds good for you. You never had to show an available job for getting your NIW petition approved. It is also OK not to have a job or offer for some period of time. Ultimately you will need one to survive. That is a different matter. You are within a couple of years of a current Priority Date. You should not have to leave. Hopefully you have cash reserves to tide over a period of unemployment as all should. You can convert to Consular Processing if you need to leave. Your GC has been approved without need for a job offer and your intent needs to be in the same field however widely interpreted.

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Yes, I-140 NIW approval has no expiry date and you can file for Consular Processing from India and get an immigration visa. Once you enter the US using your immigration visa you will get the physical Green Card. Immigration visa is usually valid for six months.


I'd suggest, though, you consult with a lawyer regarding whether you need to work in the same field as stated on your I-140 petition from the period of getting your physical Green Card until citizenship. This is just to avoid any potential hassle when you apply for citizenship later.

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Thanks for your replies. To further clarify my understanding, can you please shed some light regarding what kind of supporting documentation are required at the time of I-485 submission to justify that you are working in the same field as mentioned in your original NIW application?

Resume? JD from current and previous employer? or any other document?

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Resume is important but not an evidence. Some documents that can serve your purpose are: letter from your employer(s), letters from managers and senior/executive employees at your working place, recommendation letters from people you collaborated with as well as never worked with you but aware of your work, white papers, conference and journal papers, technical reports, etc. Try to have a few documents that are of different types, provided by different sources and perhaps dated/spanning throughout your work time period. 


By the way, they usually don't ask about these documents. However, if you do Consular Processing then they may ask. Also, as rules getting more strict everyday, it's good idea to have them.

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Thanks Pontevecchio and Alexander-2017 for all your responses. Very helpful.

You are right. I may be worrying for no reason. I think "long wait" and ever changing political environment has made me little apprehensive. But your responses are very comforting and helpful :)

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