Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.


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



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





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… Continue reading

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


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

Self-petitioning while on F1 visa


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

Sincerely… Continue reading