US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
Search
Recording of Free Community Conference Call (Every Other Thursday), 24 March 2016
Immigration.com
Green Card
Substantial transcription for video
Topics for Discussion:
FAQ: 221(g) Administrative Processing problems with visa stamping; H-1 entering USA when visa is about to expire; Advantages of Special Handling process for PERM university professors; Travel while H-1 COS is pending; Does H-4 EAD has to be applied again if H-1 changes jobs?
Other: TPS from Nepal and AOS or COS; COS or visa stamping for F-1; 240 days H-1 pending; Applying for naturalization; PERM appeal; Changing employers after I-140 approval; I-140 approved, Applying for H-1 extension with another employer; Changing EB-1B job profile after green card approval; Options if OPT is denied; H-1B transfer through multiple employers; U visa; AC21 I-140 revocation when employer is out of business; Continuing (simultaneously) with old job even after green card is approved; etc.
Benefits of National Interest Waiver
Question details
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?
FAQ Transcript
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.