Guestbook Entry for EYG, United States
Name
EYG
Country
United States
State
AR
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National Interest Waiver (NIW) Filing When Priority Date is Not Current
Question details
I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?
FAQ Transcript
1. No because the dates are not current. If your country of birth is India you cannot file them together.
2. No because you can't get I-485 filed.
3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit' which is the basis of your filing.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I recently got my I-485 approval. The whole process took 28 months. Mr Khanna and his staff in particular, Ms. Diane Lombardo and Ms. Suman Bhasin, have done such a marvelous job. I cannot describe my thanks in words. Mr. Khanna has a very well organized, knowledgeable, reliable, and efficient team. They know exactly what needs to be done and are always available to answer questions. I would definitely recommend Mr. Khanna to anyone who needs a legal help on immigration issues. Again, thanks Mr. Khanna, Ms. Batista, Ms. Suman Bhasin, and Ms. Diane Lombardo for your help.