first, thanks for yesterday's reply (see below)
Now, my Question:
I heard at least one lawyer mentioned that he got phone calls from USCIS asking "since your client’s NIW case was approved, do you still want us (namely USCIS) to process your EB1 petition?'
What I am asking is "does USCIS really evaluate cases under the same beneficiary separately?" From the story above, it seems this is not really true.
Although it is proved wrong in many cases, first impression nevertheless is an important part in decision-make to many matters. So, if an USCIS official sees someone files an outstanding researcher petition, which is under the 1st preference, and later on a 2nd preference of NIW petition (degraded from 1st to 2nd preference). Will this really NOT give the official an impression that the beneficiary may not qualify for EB1 category?---a first impression that we GC seekers not want!
回答: 如果想遞NIW 和EB1b. 大家覺得應該先遞什麽呀? (討論) 由 hengheng1 於 2006-12-07 20:43:36
如果想遞NIW 和EB1b. 大家覺得應該先遞什麽呀?
*****I think it doesn't matter. They should be evaluated separately
好象大家先遞NIW, 然後遞EB1(a or b)的情況多一些 (這個可以理解, 畢竟多一些時間可以多積累一些credentials. 況且邏輯上也說得通, 對移民官來說也會覺得申請人對自己的case越來越自信)
******** I do not think it matters. Whichever is sub-mi-tted first is fine. But to save time and energy, I would like to prepare NIW first, then use same set of NIW materials to prepare for Eb1(a or b) application. If you have NIW petition letter already, it will be easier to prepare your Eb1 application by changing the format to meet the requirments for EB1 application.
如果先遞交EB1b,在等待EB1b批準時時遞交NIW(遞交的原因是考慮到在等待EB1b過程中有可能換雇主,或者雇主破產), 是不是會有負麵的影響呢. 如果有, 是哪些呢?
***** I can not imagine any negative effects since they will be evaluated separately. If you change your employer or your employer is broke, then your EB1-b application might be terminated if your employer inform USCIS. But to NIW, you will be fine if you change employer as long as you are both petitioner and beneficiary.
Now, my Question:
I heard at least one lawyer mentioned that he got phone calls from USCIS asking "since your client’s NIW case was approved, do you still want us (namely USCIS) to process your EB1 petition?'
What I am asking is "does USCIS really evaluate cases under the same beneficiary separately?" From the story above, it seems this is not really true.
Although it is proved wrong in many cases, first impression nevertheless is an important part in decision-make to many matters. So, if an USCIS official sees someone files an outstanding researcher petition, which is under the 1st preference, and later on a 2nd preference of NIW petition (degraded from 1st to 2nd preference). Will this really NOT give the official an impression that the beneficiary may not qualify for EB1 category?---a first impression that we GC seekers not want!
回答: 如果想遞NIW 和EB1b. 大家覺得應該先遞什麽呀? (討論) 由 hengheng1 於 2006-12-07 20:43:36
如果想遞NIW 和EB1b. 大家覺得應該先遞什麽呀?
*****I think it doesn't matter. They should be evaluated separately
好象大家先遞NIW, 然後遞EB1(a or b)的情況多一些 (這個可以理解, 畢竟多一些時間可以多積累一些credentials. 況且邏輯上也說得通, 對移民官來說也會覺得申請人對自己的case越來越自信)
******** I do not think it matters. Whichever is sub-mi-tted first is fine. But to save time and energy, I would like to prepare NIW first, then use same set of NIW materials to prepare for Eb1(a or b) application. If you have NIW petition letter already, it will be easier to prepare your Eb1 application by changing the format to meet the requirments for EB1 application.
如果先遞交EB1b,在等待EB1b批準時時遞交NIW(遞交的原因是考慮到在等待EB1b過程中有可能換雇主,或者雇主破產), 是不是會有負麵的影響呢. 如果有, 是哪些呢?
***** I can not imagine any negative effects since they will be evaluated separately. If you change your employer or your employer is broke, then your EB1-b application might be terminated if your employer inform USCIS. But to NIW, you will be fine if you change employer as long as you are both petitioner and beneficiary.
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