toughcase2004-12-07 23:50:42
Dear all,

My case is a tough one. I am now H1B holder staying at a university. My 140/485 petitions were concurrently filed half a year ago (EB1a and NIW, done by myself). Based on the I485 application, I have obtained my EAD but haven't started to use it yet. Recently a good chance comes to me that will bring me to industry. To reduce the risk, I am not going to use my EAD to take the industrial job if possible. I may potentially apply for an O1 visa to take the job (the company can support me to do so). My key question then comes here:

Is O1 status good for keeping I485 pending?

Moreover, I am going to send USCIS some materials to update my status/progress (I have NOT been asked to do so). Is this helpful for the I140 cases?

One more question: I have just been granted a Senior Research Award (Senior Research Associateship) by the National Research Council of the National Academies for conducting a proposed project in a national research lab for one year (renewable). But I have to use my EAD to take this job. Considering this event did not happen before submission of my immigration petition, will this kind of experience be still benificial to the I140 petitions? If you were me, would you prefer to go to industry or to the national research lab?

Any comments and suggestions are greatly appreciated!