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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

NIW + F1 OPT/ STEM Returning to country of citizenship

Hi, I am a PostDoc (in F1 OPT-STEM Extn), and have to return to the country of citizenship due to family emergency. The return dates are not fixed. I would like to comeback and continue in a research job. Can I apply for a EB2-NIW before leaving the US?

What are the do’s and dont’s? Thank you. KK

One Response to NIW + F1 OPT/ STEM Returning to country of citizenship

  • GCforPhD says:

    Best is to apply after your travel.

    You should be aware of limitations when you apply for NIW while on an OPT. You wont be able to extend your OPT or obtain a visa stamp if you need it during your travel. If these are not a problem, you can apply EB2-NIW. Also travel with F1 while NIW pending “may” cause problems.

    If you dont intend to use OPT or F1 anymore then you can apply now.

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