Hi, I submitted my NIW 140 (approved 1/2006) & 485 on 9/27/2005 when I was at XXX state University, my H1b at XXX state university will expire on 09/2007, my NIW area is related to environmental protection. Right after the submission, I got and accepted a faculty (Math and Engineering) job offer from a local community college. My lawyer applied concurrent h1b at this community college. I started full time faculty job at this community college on 9/2005 and quited the research job at xxx state university. My wife is working on the EAD based on this 485.
I know that INS is not suppose to ask employment letter for NIW based 485, but sometimes they do. If they do for my case, it will be impossible for me to justify I am in NIW field since I am a teaching professor instead of research.
My community college sponsered labor-based 140 was also approved. PD is 1/24/06. I was just wondering that if I can do the following
a. If INS is not asking for employment letter, I just keep quite.
b. If INS asks for employment letter, can I port the pending NIW 485 to my approved labor-based 140?
c. does the 140 port have anything to do with PD?
I do not like to submit two 485s, i read through the 485 operation manual, it seems to me that 2nd filing is doable, but it is possible for VO to kick the 485s back to local.