i-140

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

Published June 29, 2014 | By GCforPhD

Question:

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

Answer:

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 →

Posted in J1 | Leave a comment

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

Published April 16, 2013 | By GCforPhD

Question:

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.

Answer:

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 →

Posted in H1B, i-140 | Leave a comment

Self-petitioning while on F1 visa

Published December 5, 2012 | By GCforPhD

Question:

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.

Answer:

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 →

Posted in F1 | Leave a comment