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EB2 (NIW) application for F1 OPT (H1B selected in Lotttery)

Published May 15,2019 By Raghav


I am currently on F-1 OPT, working in a company in US. My H1 application was picked in the lottery this year. So, if my application is selected, my visa status will change form F1 to H1 this October.

I am contemplating on applying for EB2 NIW so that I can secure my I-140 ASAP (within in 3-5 months,if needed using premium processing). If I apply for EB2, lets say by the end of June, I am wondering if my current H1 visa application will impact EB2 NIW application? How should I move forward?

I would like to get my I-140 application approved so that I can apply for H4 EAD card for my wife ASAP.

My background: PhD, 2 journal publications, 7 conference publications, presentations etc.,

Any guidance in this regard will be very helpful. My employer has indicated to apply for EB-1B, however, this is taking a long time. I would like to have my wife start working on H4EAD asap. I am strongly inclined to strongly inclined to self petition for my NIW (EB2). Please advise.


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Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago

Hi Raghav,

Your H1 and EB2/EB1 applications will not interfere, because the H1 visa is a so-called “dual intent” visa, so you do not create any conflicts on intent when applying for the green card and vice versa. I hope you are also aware of the of the priority dates for EB1/EB2 for your (your wife’s) country of birth. This may play a more significant role than other factors. Please let me know if you have any further questions.

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