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Query about EB2-NIW

Published Jan 29,2017 By Sumit


My name is Sumit, I am currently a postdoc fellow on F1-OPT extension with valid visa(no need to renew my visa). I have a quick question that if I apply for EB2-NIW and plan to visit India, will I be stopped at the Immigration desk when I come back, as my F1-OPT is non-immigrant intention but EB2-NIW is immigration intended (simply, will there be issues at the immigration)?

Thanks a lot in advance for helping hands





Posted in Suitable Category NIW/EB1A
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Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago

Hi Sumit,

In theory, they may deny your entry, however, I am not aware of any case like that. It is unlikely to happen if you can show to the officer that you intend to come back to India after F1 expires, especially taking into account the long waiting times for India. There is another tricky point – if you enter U.S. with F1 and immediately decide to adjust the status, then it is better to wait at least 60 days before filing I-485, because it may be considered as fraud otherwise.

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