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.


I-485 for EB1A

My cousin had multiple H1bs and has a valid O1 work permit. She adjusted status to O1 from H1b.
She now got her I-140 approved for EB1A.

However USCIS had approved her H1b for 8 years. The last approval was given for 8 years by USCIS without request for recapture. However with the recapture days considered she has stayed below 6 years in the US on his H1b.

Will this affect the I-485 process. Also should she explicitly bring out this point in the application?


I-485 impact on F1 status


I ma thinking to apply for NIW GC and I am trying to understand the situation.

I am a PhD student on F1 Visa. If I apply for I-485 and comply F1 requirements and get I-485 denied, do I have a valid F1 status? What if I do not use/apply for EAD & AP.

Thank you in advance for your time and help.

Best Regards,