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randomstairs

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Everything posted by randomstairs

  1. Back when I was on H1B my employer's attorney said how much she hated the expression "H1B transfer" because it can be misleading. It is "transfer" in a sense that your status continues with the new employer and you don't have to leave the country to extend it or anything like that. But it is in fact a fresh new application. Anyways, yeah, the employer must be in the US, sure.
  2. For the NIW you need at least a Masters degree, but practically speaking a PhD would be a minimum educational credential. You also need a decent publication record (for sciences), or equivalent for other fields (books, media coverage, etc). One thing you do NOT need is an employer, as the NIW is self-sponsored. So, have you published in the field of cybersecurity? Is the industry benefiting from your creative work, and can you document that? If so, you can try https://www.wegreened.com/Clients-NIW-National-Interest-Waiver-EB1-Attorney-Lawyer (as recommended by Boiler, above, and myself). Incidentally, I hired the same law firm for my NIW and they ARE good. But, my guess, based on your post, is that H1B or L-1 would be more appropriate avenues for you at this point, especially if you have an employer willing to sponsor you.
  3. It would have to be a new H1B application by your US employer. That's always the case. There's no such thing as a "transfer" application.
  4. The H1B application will not interfere with your Green Card process, nor the other way around - they are completely orthogonal. (Why are you doing the consular processing instead of the AoS?) You can wait for your H1B to be approved and then start working with your new employer. The NIW does not depend on your employer, in most cases. (However, it is important to remain in the same area of concentration at least for some time after the I-140 approval and even after you get the Green Card.) So it looks like getting the H1B now, and attend the interview in Brazil later is the best option.
  5. There is no requirement that one needs to stay employed after the GC is approved (apart from special cases like that of medical doctors who got the GC through the NIW, based on working in underserved areas). Technically one can quit working for the sponsoring employer the day they become an LPR, although that would not be advisable because it could raise a suspicion that their intention (to work for the sponsoring employer) had been inconsistent with the one stated in the I-140, i.e. material misrepresentation. So no, stuff like unemployment will not come to bite during the interview. Although, of course, the IO can always ask.
  6. It's not a very different story at all unless there is a suspicion that the GC was not obtained in good faith, e.g. if one quits the GC sponsoring employment soon after the GC approval. The LPR status provides for the same rights whether obtained by marriage or employment avenues.
  7. Wow. That's a bizarre case. I wonder if they appealed. Perhaps they had something on their mom's record. Thanks for finding it!
  8. 4. Even that is very unlikely unless the employment with the sponsor was terminated soon after the GC had been approved. Most attorneys suggest to stay with the sponsoring employer for 6 months after the LPR status begins, but I've never seen a case where that actually became an issue (and I looked), even in cases when employment was terminated just weeks after the GC.
  9. So, did you check the documents tab of the online account as suggested by Mike E or not?
  10. On my online account's profile info, with a pending N-400 as of a week ago, it says: "You cannot edit your mailing address or physical address during this part of the adjudication process." I have received the biometrics reuse notice stating that I don't have to show up to do them. Does this warning have anything to do with the biometrics? How can I change my mailing address if I have to? The AR-11 page leads me back to my online account (although there's also the CoA online option listed). Is this normal? Do other online pending N-400 cases see the same? Thank you all!
  11. Okay, so here's what's still not clear to me in regards to dual citizenships (EU/US). Say you travel from the US to Japan on your US passport. You then depart Japan for the EU (Schengen). When you buy the ticket (Japan to EU) which passport number do you enter? If you enter your EU passport number wouldn't that present a problem when departing Japan (because you entered on the US PP and you should use the same PP for departure)? On the other hand, if you depart Japan on the US PP, how do you now enter the EU? Won't the airline require you to fill out the EU immigration documents as a US citizen? Same goes for any non-EU country one might enter on the US passport before traveling to the EU. That must happen often! E.g. traveling to the EU with a stop in the UK.
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