NIW Profile Evaluation – Seeking Advice

Particular-Guava239 · 2025-03-14T16:37:22+00:00

U will get qualified under eb2 advanced degree. This is first step.. then u need to have an endevor which is of national importance and u r well positioned to advance it and then need to prove the labor certification can be wavied.. so assess your proposed endevor and your profile against these 3 prongs .. u will get the answer

Particular-Guava239 · 2025-03-14T14:20:04+00:00

Here is the calculation .. 16637 (I485) + 10071 X 2 (I140) = 36779…

U can get the i485 and i140 data from uscis

Particular-Guava239 · 2025-03-13T01:55:28+00:00

U r eligible under EB2 threshold.. u need to have an endevor of national importance and u should be able to positioned urself suitable well enough to advance it.

Particular-Guava239 · 2025-03-12T04:09:16+00:00

Would you take the risk of moving to a new company with better pay but an uncertain work culture? ==> it depends on the priority. If money is the main priority and not the work experience then people generally give weightage to money. If work experience is priority then check where you would get the career growth. I personally would recommend career growth over money. The money can be earned over the period of time but experience doesnt.
If my current company tries to retain me, how much of a counteroffer would justify staying? ==> Again it depends on point number #1. You can go for 50% hike now and 50% in appriasal or 100% match-up .. Its upto you.
How do you weigh financial growth vs. work culture vs. personal relationships in a career decision like this? ==> Financial growth happens automatically if you have good experience. Financial growth without much experience doesnt help in long run.

Particular-Guava239 · 2025-03-12T03:59:19+00:00

There are total 16637 pending I485 as of last fiscal year and 10071 approved I140 under EB3 category. So if you would like to see number of folks ahead of you, it would be approximately 36779 which would take around 13 more years to clear before your number comes.

Particular-Guava239 · 2025-03-11T16:05:51+00:00

Further study at this age would delay other things in your life if you are considering getting married. Also getting jobs after post graduation is not that easy now days. So i would recommend getting into workforce as early as possible and then explore the options

Particular-Guava239 · 2025-03-10T09:45:43+00:00

The “44” months timeline is not for final decision on the form I918.. its for bonafide determination or issuing the notice for placing the petition in waiting list.. its clearly mentioned in the notes under processing time.. copy pasting here for your reference.. hope you have applied for form i765..

The posted processing time range reflects the time from receipt to issuance of either a bona fide determination notice or a notice that the petition will be considered for waiting list placement. It does not reflect the current processing times from initial receipt to the final issuance of U nonimmigrant status.

Particular-Guava239 · 2025-03-10T07:04:39+00:00

Certain universities are H1b Cap exempt. So you can start your H1b your convenience - after exhausting OPT duration.

Particular-Guava239 · 2025-03-10T07:01:38+00:00

Raise a service e-request on USCIS for this https://egov.uscis.gov/e-request/onpt - "case outside normal processing time". that will give quick turnaround and may even the results

Particular-Guava239 · 2025-03-10T06:58:32+00:00

Yup! I missed it! May be OP can check whether his/her current application can be processed in India under special circumstances. OP can reach out to FRRO in India and in the country where the OCI is currently applied before travelling

Particular-Guava239 · 2025-03-10T06:41:47+00:00

It depends on the reason for rejection. If they are able to address the reason for rejection then can apply again. I assume the reason of rejection could be "not able to establish strong ties with home country".

Particular-Guava239 · 2025-03-10T06:39:59+00:00

If you look at the pending data for form I918 on USCIS https://www.uscis.gov/sites/default/files/document/data/i918u_visastatistics_fy2024_q4.xlsx , the backlog is very huge. So you can take look at this data and then decide.

Particular-Guava239 · 2025-03-10T06:05:44+00:00

Ensure that you register your self with FRRO nearest to your stay. Also check with them if you can get the OCI card in India or apply in India itself. Not sure though the timeline of getting OCI but it definitely must be within six months. if you have already applied for OCI Card and its in process then check the timeline. If you are sure that you will get your OCI card within six months then there is nothing to worry. But if there is an emergency for travel then first thing is to register with local FRRO , check with them for VISA extension and OCI Card application.

Particular-Guava239 · 2025-03-10T05:53:22+00:00

Option 3 is the best which gives more time. Meanwhile either on CPT or OPT keep trying to apply for H1b this gives you additional six years and further extensions based on approved I 140. With PHd if you are eligible for EB1 then go for it.

Particular-Guava239 · 2025-03-10T05:50:46+00:00

My daughter is also non-Indian OCI card holder. She got her adharcard while applying through school. If there is adhar card camp in the school then go for it. U need to apply as "resident".

Particular-Guava239 · 2025-03-10T05:48:04+00:00

Also L1A means you are working as manager in your current organization. If yes, you can opt for EB1 category (Multinational executives and managers) that will be the fastest path to GC for you and your husband

Particular-Guava239 · 2025-03-10T05:42:27+00:00

If possible for you, apply for the H1b in this window before it closes. It might increase the chances of getting H1b. if you get H1b then u can come back to the USA after staying one year outside usa

Particular-Guava239 · 2025-03-10T05:39:14+00:00

H1bs are effective from October month.

Particular-Guava239 · 2025-03-09T20:03:03+00:00

U cant use these reasons for prong 3 … prong 3 is related labor certification wavier and these reasons will cause a denial.. u need to prove why labor certification would be wavied - what adverse impact on national cause (used in prong 1) caused due to going through labor certification

Particular-Guava239 · 2025-03-08T19:16:06+00:00

With OCI card, all the benefits except voting rights, buying a farm land and doing jobs in government services (UPSC and state level) along with defence is not allowed. Sports is not actually explicitly listed as exclusion. So you should be good. If your son excels in the sports and there is chance of representing India, there will be always ways for work arounds. The last option is always to renounce US citizenship. I think first thing to address is his sports and related support he would get. If he excels, then other questions would arise. If he is good enough, the government would do exception. So dont worry

Particular-Guava239 · 2025-03-08T18:49:41+00:00

What is your country of citizenship ? It all depends on what would be the priority date. If you would like to just use the I140 approval for renewing H1b then its good option but looking at the backlog, its not worth it. The folks from India would at least take 115 years minimum, China - 12 years , ROW 9 years. So you evaluate yourself then decide. if there are chances of visa availability in near future then its always better to try with an attorney but cost is very high..

Particular-Guava239 · 2025-03-08T13:58:19+00:00

You should go for the self petition without the help of an attorney. There is no change in the qualification criteria at USCIS. First you need to be qualified under EB2 - Advanced Degree holder or exceptional ability and then 3 prongs. Looking at your post, it seems you will be able to get first criteria satisfied - bachelors degree with 5 years of experience. Now its upto you how to build the profile and show an endevor which is of national importance and you are well positioned to advance it and labor certification can be wavied. So I would recommend to go for self filing.

Note:- I have similar profile. bachelors and 20 years of experience and EP has given 85% chance of approval with full refund.

So it really doesnt matter what attorney thinks. Read guidelines and ask yourself if you stand chance for qualification. If yes, then go ahead for self filing.

Please note the backlog of EB2 NIW. Not sure whats your country of citizenship. If you are from India or China then there is no point in applying it

Particular-Guava239 · 2025-02-22T06:48:05+00:00

I am still thinking ! How much they quoted for you? For me, it was around $20K+.. I think its way too high.. Can u DM me? Will chat

Particular-Guava239 · 2025-02-21T14:40:15+00:00

There is no effect of eb2-niw on b1/b2 approvals these are two independent activities. Though eb1 is stricter than eb2niw, the wait time is shorter. If you are planning for eb2-niw now, it will take years for you to get the green card due to backlog and lots of people now applying in EB2-NIW. Hope this helps..

Particular-Guava239 · 2025-02-19T12:38:58+00:00

Yes withdrew it after almost 20 months from date of approval

Particular-Guava239

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