Tag Archives: i-140

Do I need a waiver to apply for EB2 NIW I-140?

Question:

 

I read with interest your online book but my situation was not addressed.

 

I have a J1 visa with a two years home restriction. I know I must have a waiver from my home government to apply for change of status. Do I require the waiver to apply for the EB2?

 

Thank you

 

 

Answer:

 

You do not need a wavier to apply for I-140 petition. You can apply this any time on almost on any visa.
However as you mentioned you need a wavier to apply for a change of status (I-485).
You should also be aware that once you apply for I-140 it may become harder to extend J1 visa.
best of luck

Impact of I-140 rejection on my husband’s H1 visa status

Question:

I plan to apply for a I-140 first and then I-485. My husband is on OPT now, and will be applying for H1 in April. If my I-140 is rejected, will this affect his visa status?

Thank you for your advice.

Answer:

The short answer is no. It won’t affect his H1.

But there is one avoidable scenario that can be a problem. Before the I-140 is rejected, if you happen to start using EAD’s from I-485 application, then the rejection will result in both of you becoming out of status. Since you don’t intend to apply for I-485 till I-140 is approved, this is not relevant to you.

Best of luck

Self-petitioning while on F1 visa

Question:

I am a PhD candidate and will graduate sometime in Summer. I am planning to apply for NIW (self-petition) and I am wondering about the risks. In case my I-140 application is rejected can I renew my F-1 visa? can I apply for OPT? or should I wait till I graduate and then file I-140? Thanks.

Answer:

Applying for I-140 implies an intent to immigrate. Therefore you have the risk of not being able to renew your I-20/F1. You can apply while on OPT. But again you cannot extent your OPT or F1 if needed.

Please see http://www.greencardpostdoc.info/tag/f1/

I-485 submission along with I-140 and EAD

Question:

Do I need to submit the I-485 form at the same time as I-140 form?

Answer:

USCIS does not require one to submit I-485 at the same time. Petitioners submit it for number of reasons such as to get an EAD or Advanced parole. EAD and AP petitions can only be applied along with or after 485 petitions.

Q1:

Also, I am under OPT (optional practical training). I have my employment authorization until November 2011. Do I need to send this again?

Answer:

The new employment authorization from I-485 petition will be associated with the a different/new status (called pending 485) rather than like your current F1 status. If you want to work after November 2011 your current OPT cannot be extended beyond that date then an EAD obtained using 485 petition will be helpful.

There is one risk in applying for I-485 with F1. I-140 petition implies intent to immigrate. Therefore, if the I-140 is rejected then you cannot obtain further extensions to your non-immigrant F1 status or OPT. In this situation, any new job should be based on a different (from OPT EAD) work visa such as H1B. Generally this may or may not be a concern to you but you should be aware of this situation also.

I-140 application while on AOS

Question:
I have been currently working as an Adjunct faculty in various local and private colleges. I have recently applied for PhD program with an Online Univ. My current status is AOS -EAD based of my spouse’s sponsorship. We’re getting separated and as soon as this gets finalized, I will be not be able to retain my AOS or EAD status.
My question is;

Can I file on my own as a Phd student or this only works with PhD holders?

Answer:
Anyone with or without a phd can also apply. If you plan to self-petition, a successful petition has to meet the uscis criteria for niw or eb1a. PhD’s have a better chance because they are more likely to meet these criteria. If you are able to concurrently file a i-485, you can get a new AOS status. There may be a possibility of transferring your existing AOS  application to your new i-140, however we are not experts at this.

I-140 Premium processing

Applies to: i-140 applicants

Source: Murthy.com / immegrate usa.com

According to high-ranking USCIS officials at the American Immigration Lawyers Association (AILA) Annual Conference this month, the U.S. Citizenship and Immigration Services (USCIS) plans to fully reinstate the I-140 premium processing option in the near future. For an additional $1,000 USCIS premium processing fee, applicants now have the  option to expedite their case review and adjudication. The premium processing of I-140 petitions was suspended on July 2, 2007.

You can read more at Murthy.com.