Question:
First let me appreciate your efforts through your website. They were really helpful information. I am interested in filing GC in NIW category. I appreciate if you could help me resolve the following specific questions I have,
Q1: I have a PhD in Physics from an US university. I was a postdoc and with H1B until March 2011 and then had to quit my job and move to a different state. To keep my legal status I had to change to H4. So now I am on H4. If I file for GC now in the NIW category, will this affect me if I wish to renew my H4 visa abroad?
Answer:
Self-petition GC application process has two parts I-140 and I-485. If you apply for I-485, you are also eligible to apply for an EAD and advanced parole. Your H4 status or renewal is not affected unless you or a derivative applicant (spouse) starts to use either an EAD or advanced parole. If EAD or AP derived from I-485 application are used then your status is “pending adjustment of status”. In this status, you can work using EAD and travel abroad using AP and do not need a H4.
Q2: I have seen a similar situation for F1 visa but don’t know if I should be concerned in the case of H4.
Answer:
Renewing F1 when I-485 is pending is not advisable since F1 applicant has non-immigrating intent while I-485 shows intent to immigrate. With H1 or H4 a problem similar to F1 does not arise.
Q3: Does applying for GC in NIW make an automatic restriction to have a job only in academic or research during its processing time?
Answer:
No. In general USCIS expects that you work in an area mentioned in your work plan that is attached with i-140 petition. If the work plan can be written in very general terms, mentioning your intended area of work, without restricting it to a very narrow field then you have flexibility in changing jobs.
Q4: Do all the recommendation letters have to be hard letters? Or an email would be sufficient?
Answer:
It is desirable to have hard letters. If you are hard pressed for time you can get pdf copies emailed to you and use them instead. Some applicants have done this without a problem. However, original signed copies are always better.
SincerelyGreen card for Phd Team
Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.
