EB2-NIW and EB1A green card questions

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.

Postdoctoral Research Associatte


I am currently in a J1-status and my DS-2019 will expire in Aug 2019. My I-140 EB2-NIW got recently approved. I am planning to apply for I-485 after J1 waiver.What happens if my J1 expires while my AOS is still pending? As far as I know, we can apply EAD. Can I use that EAD to continue my work as a postdoc? My wife also works as a J2-dependent.  Does my AOS filing affect her employment?


I am in the process of applying for EB1-A in April 2018. I want to go with best case scenario that my I-140 is approved. I will not be able to apply for adjustment of status as I am from India due to the new visa bulletin news. My OPT ends August 2018. Just like in 2016 and 2017 if adjustment of status becomes current for Indians in October 2018 what are my options of staying beyond my OPT expiration date of August 2018? Is there a way I can stay for the next 3/4 months until I can submit… Continue reading


Currently I am on H1 visa and I am applying for NIW EB2 based on my work qualification and national award I won, I don’t have PHD and research publication though. Now if I leave job after applying NIW EB2, and move to H4, will this cause any issue? I know NIW eb2 does not need labor or job.