Guestbook Entry for G. Muhuri, Canada
Name
G. Muhuri
Country
Canada
State
Ont
Search
Recording of Free Community Conference Call (Every Other Thursday), Feb 8, 2018
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Removal, Deportation and Exclusion
Substantial transcription for video
Discussion Topics, Thursday 8 February 2018:
FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions
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.
Rajiv and his associates processed my Green Card application under NIW category. I got my GC very smoothly. Excellent Service. He is very selective to take the case and doesn't accept it so long he is not fully convinced about the merit of the case. Moreover, he favored me by providing some legal information not related to immigration law. I am very satisfied.