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?
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.
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… Continue reading
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.
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/Sincerely… Continue reading
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- Visa Bulletin for December 2012