I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
My GC process was started towards the end of 1999. After the Labor Cert. was approved, my I-140 was filed for. At this stage there was an RFE on my I-140. The case was complicated and at that point of time it seemed that there were very few chances of winning it. However, Mr. Rajiv Khanna presented the case with all the additional documents and evidences that were requested by INS, in a very systematic, efficient and intelligent manner. He was very persistent and determined to have the case resolved favorably. My I-140 was finally approved last week. During this difficult process, it was evident that Rajiv, Suman and the entire team were very dedicated towards their profession. They certainly are outstanding. They were always very courteous and prompt in answering all my questions and giving in apt advice pertaining to the case. I would definitely recommend Mr. Rajiv Khanna's Law Offices for any immigration-related issues. Pavan