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India eb2 niw l2

Published Jan 18,2025 By Sneha

Hi I am an indian currently on l2s visa. I am post graduate with 15 years of work experience in software in USA, UK and India. I am currently in USA and can stay max till 2026 in USA. If my i-140 gets approved under EB2-NIW, can I stay in USA beyond 2026?

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21 days ago

Approval of I-140 does not allow to stay in the U.S. What you need to do is to apply for the adjustment of status (Form I-485). If you were born in India, then you need to look at the visa bulletin (link below), because there are backlogs in the eligibility for adjustment of status applications.
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

For the month of January, look at the table “DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS“, 2nd category.

As you see, at the moment the only Indian people who filed I-140 before 2013 are allowed to apply for the adjustment of status which will allow them to stay in the U.S. even after their visa expires. It is very unlikely that this backlog will be resolved before your current visa expires.

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