Discussion Topics, Thursday 5 July 2018:
FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion? || Applying for H-1B transfer while an extension request is under RFE|| Other: Applying for EB-1C, international managers/executives criteria || Desertion charges for military, effect on green card || 151 years for getting green cards ||Age for adoption/adopting a sibling for immigration || Being outside the USA on EAD || H-4 trading stock || TN for Management Consultant || H-1B transfers with approved I-140 || Promotions while green card is pending || H-4 to H-1 change || H-4 change of status || Green card pending changing jobs within the same company||Travel ban || Bridge H-1B petitions || PERM experience letters title, etc.
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.