Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.

Pending I-140, can I apply for a H1?


I have already applied for NIW permanent resident and I am waiting for it’s approval. Can I apply for the HIB visa in the mean time?

Thank you

One Response to Pending I-140, can I apply for a H1?

  • GCforPhD says:


    You can apply for a H1B while your I-140 is pending. Since H1B visa holder can have immigration intent, it does not conflict with already applied I-140.

    Best wishes

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