NIW DIY help

[334trd 0]

Hi,

Well I'm currently on OPT after completing my PhD here in the US. I was planning on applying for the OPT STEM extension so that my application would be stronger in a years time for the EB2. however, my new employer erroneously told me that they were enrolled in E-verify and therefore I cannot apply for a OPT extension. So this seriously limits my options as my OPT EAD expires at the end of June.

So while looking for a new job in the area I am putting together mt NIW i-140 application. I simply cant afford d a lawyer to do this for me, following being unemployed (the company went bankrupt) and then moving across the county. From free consultations a few law firms offered me their win or refund policy, so that makes me encouraged that I might actually have a strong enough case. So I'm endeavoring to do this myself. I'm pretty terrified actually bc if my application fails I have to leave the county right? And well, I most certainly do not want to return to the united kingdom as my life is here.

So if anyone has any advise or indeed has successfully done NIW themselves I'd love to hear form you and your experience. I have a diy "kit" that i found online that seems to be of great help.

Also am I correct in that the EAD will be the normal 3 months processing time even though when I fil I will have a current EAD? I just need to plan for how long I may be out of work for b/c, well like most people need to work to pay the bills!

Thanks, and sorry if this is in the wrong section, wasn't sure where to pout this post.

[Pitaya 2,577]

~Moved from General Immigration-Related Discussion to Work Visas Forum~

~Similar topics are often discussed in this forum~

[aussie_jason 195]

Assuming you concurrently file your I-485 along with the I-765, the rule is that USCIS must process your EAD within 90 days but in some cases that doesn't happen and it can drag on requiring getting the CIS Ombudsman and your local congress person involved, however that is not common and the I-765 is commonly processed in a little over 60 days. Your current EAD through OPT will not change that processing time at all.

Note those timeframes assume that you have no RFE's, if you get a request for initial evidence then the 90 day counter doesn't start until they accept your reply to the RFE and if you get a request for further evidence then the 90 day counter pauses until they accept your reply to the RFE.

With your OPT expiring at the end of June I would plan on at least a month of no income, maybe longer as a contingency.

[334trd 0]

Thanks,

I have a major concern and I can't figure this one out. If I fill out the NIW myself and gets denied, and I choose to appeal, will I still be able to work with the EAD? I.e. does my I-485 get denied automatically or is it still pending as I go through the i-140 appeal process?

[Boiler 45,322]

What does E Verify have to do with a Stem extension?

[334trd 0]

To apply for a OPT STEM extension the employer must be enrolled in E-verify.

[Boiler 45,322]

To apply for a OPT STEM extension the employer must be enrolled in E-verify.

Got it, read it backwards in the original post.

E Verify registration is no biggie btw.

[334trd 0]

Although that is true, my employer is a county and "will not alter their hiring practices to suit the needs of a single individual".

[Boiler 45,322]

So a Government body will not enroll in E Verify?

Explains why everything is so f....ed up.

[334trd 0]

It doesn't make a lot of sense does it? - its a government run programme to help fight illegal workers, but the government don't use it....

[Boiler 45,322]

Many people new to the US can not comprehend how screwed things are, does make you wonder how anything works.

[334trd 0]

Can anyone answer my EAD while appeal question?

Thanks