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·¢ÐÅÈË: gjp (gjp), ÐÅÇø: AdvancedEdu
±ê Ìâ: USA Immigration Site, if you are interested...
·¢ÐÅÕ¾: BBS ˮľÇ廪վ (Sat Apr 5 11:42:44 1997)
Law Offices of Brian B. Jiang
Answers to Commonly Asked Questions
Dear CND readers:
Since my law firm specializes in employment based immigration, I have
received repeated questions on some immigration related problems. The
following are answers to those questions:
Q. I have heard conflicting versions of the law as to whether a Ph.D
candidate can apply for PR under National Interest Waiver (NIW). Can you
clarify this?
A. With regard to NIW, the law only demands an advanced degree or
bachelor's degree plus five years of work experience as the basic
qualification. The difficult part is to show your work benefits this
country. Since the law does NOT exclude Ph.D candidates, certainly such
candidates can apply as long as he/she meets other requirement. My firm
has obtained PR for many students. Among them, some are even M.S.
candidates. Two years ago, I applied for a gentleman and succeeded. He
has a MS from Qinghua Uni and only a few months work experience in
China before coming to the U.S. for his Ph.D. His did research, under the
guidance of his supervisor, on laser for Dept. of Defense. We gathered all
the evidence we could find to establish his work and achievement. The
application was approved before he graduated. I can cite countless
examples of this type and the bottom line is Ph.D candidates can apply
under NIW.
Q. My NIW application was approved and my application to adjust status
is pending. Can I change my job? What happens if I lose my current job?
Will INS reject my application?
A. It is ideal if you keep your old job, or, stay in the field should you
decide to change job. If you are no longer employed, you may run into a
knit picking INS examiner at the interview. This also depends on where
you go for the interview since in some places there is no interview and all
you need is to present your passport for a stamp. According to the new
regulation, there shall be no interview for employment based case. But
for now, some places still demand interview and you should be prepared.
If you are unemployed, you should be prepared to explain the
circumstances for the unemployment, for example, boss' research fund
has run out. Generally, it should not be a problem since NIW does not
require you to be employed.
Q. My application for PR was approved. Recently, local INS no longer
accepts application for adjustment and I have to mail it to the INS service
center. I did it two months ago but have not received the receipt. How
can I check the status of my case? How can I apply for work
authorization card?
A. If you paid the application fees ($130) with your personal check, see if
the check was cashed by the INS. If so, find the file number on the
canceled check. Contact INS with this number or go to the local INS with
this if you want to apply for work authorization.
For more information, please visit my home page at http://ilw.com/jiang.
Q: As a Ph.D candidate, can I apply for PR under National Interest Waiver
(hereinafter as NIW) assuming I meet all the qualifications?
A: Yes.
Q: I am doing post doc on J-1 visa with the 2-year waived. Do I need
H-1 in order to be eligible to apply for PR under NIW?
A: No. A post doc position is sufficient to apply.
Q: Can I apply for both H-1 and PR at the same time?
A: Yes, you can do either or both.
Q: Can I apply for PR under more than one category in order to increase
my chance, for example: NIW and traditional labor certification?
A: Yes. The law does not forbid multiple applications under different
categories.
Q: If my application under NIW is rejected, can I apply again?
A: Yes. Unlike the labor certification process where a rejection will result
in a mandatory delay of six months, an NIW application can be filed
immediately after an unfavorable decision.
Q: What is the advantage of applying for NIW over "outstanding
professors and scientists"?
A: The biggest advantage is applying under NIW does NOT require a
permanent job offer and employer sponsorship whereas applying under
outstanding requires both.
Q: I am qualified under either extradiordinary ability or NIW, but the
problem is my J-1 status. What can I do?
A: First, make sure you are TRULY subject to the 2-year rule. Even if you
are, you can always apply for PR approval and later deal with the 2-year
rule. The PR approval is good for life which gives you plenty of time to
handle the two years.
Q: I am on J-1 and subject to the 2-year rule, can I get rid of the 2-year
problem if become a Canadian resident or citizen?
A: No. The 2-year obligation will ALWAYS stay with you no matter what
you become! If you do not take care of it, you can NEVER apply for a U.S.
work visa (H-1, L-1, etc.) NOR can you apply for an immigrant visa.
Q: I am applying for H-1 visa. Will INS deny my application if I apply
under the category of MS when I actually hold a Ph.D?
A: Your application is fine if you employer indicates on the application
that the position he is offering requires an MS. The fact that you possess
a higher academic degree than what is required to fulfil the position has
no impact on your application.
Q: My application for PR (I-140) is pending while my practical training
period is almost over. Do I still need either work authorization or H-1
visa in light of my PR application?
A: Yes. Your application for PR is irrelevant to your current
non-immigrant visa status and you need to maintain your legal status at
all times.
Q: I am thinking of applying under "national interest waiver", but my
employer is applying for labor certification for me at this time. Can I still
file NIW application?
A: Yes. INS is not opposed to concurrent filing of applications for
immigration.
Q: I am thinking of applying for PR under NIW but I don't have many
publications. Is that a big problem?
A: No. Publications are nice to have but not a necessity. In fact, I have
clients who have no publications and yet get their cases approved.
Q: I sent in my I-485, application to adjust status, two months ago and I
have not received the receipt notice yet. How can I find out the status of
my file?
A: You can call the Service Center where your I-485 packet was sent.
Once you get through, tell the officer your name, date of birth, the case
number of your I-140 approval, and the date your application was
mailed. The officer should be able to locate your file through INS
computer system. The officer should be able to give you your case
number. You can call or write to the INS from then on by referring to that
case number.
Q: In your home page, you mentioned a way to waive the two years home
residence( for J-1 visa holders) through a government agency. Where can
I find the information on that particular agency?
A: Most such government agencies are located in Washington D.C. and
you should be able to find them through a phone book. Here is the
address of HHS: Joyce E. Jones, Executive Secretary, Exchange Visitor
Waiver Reviews Board, Room 639-H, Dept. of Health and Human
Services, 200 Independence Avenue, S.W., Washington, D.C. 20201. Tel.
202-690-6174, Fax 202-690-7127.
For additional information, please visit my home page:
http:\\ilw.com\jiang
What's New | National Interest Waiver | J-1 Waiver | FAQs | Home Page
National Interest Waiver Worksheet
Law Offices of Brian B. Jiang
4698 Convoy Street, Suite 204, San Diego, CA 92111
Phone: (619)278-5480 Fax: (619)278-5492
Email: 73344.437@compuserve.com
Copyright © 1996 Law Offices of Brian B. Jiang. All rights reserved.
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