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Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister

EB-1 Visa QnA Part 2, Green card for students, young professionals, Conversation with Yudi

3 years ago By Chief Editor

Profession/Occupation

Students

Nonimmigrant Visas

Green Card

Recording for January 4, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, January 04, 2024

FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

Recording for January 18, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

1 year ago By Chief Editor

Question details

I entered the US to complete my Masters on an F-1 visa in 2018, I got my H1B visa approved in Oct 2022. I was planning to go for a green card through the EB2 NIW route. I have a few questions, which are as follows:

1. Suppose that I got EB2 NIW approved and I am waiting in queue for a green card, but I went back to India and worked in India (employer may or may not be related to the US). Can I collect my GC whenever the priority date becomes current?

2. Suppose that I have already applied for an EB2 NIW visa but then I build my profile and want to apply for an EB1 visa, can I do that?

3. When can I start my business/startup during the EB2 NIW application process? or Do I need to wait until the visa is approved to start a business?

4. When can my wife start working on an H4 visa? Is it during the EB2 NIW application process? Does she need to wait until the visa is approved?

FAQ Transcript

With an approved EB-2 NIW, even if you work in India in an unrelated job, you can still collect your green card as long as you intend to work in the field for which you got the NIW when you arrive in the US. Additionally, you can apply for an EB-1 and transfer the priority date from NIW to EB-1. Starting a business during the EB-2 NIW process depends on various factors, but there's no interim visa except for limited options like entrepreneurial parole. However, potential changes in H-1B regulations for entrepreneurs could provide extended H-1B options and the ability to work for your own business. Spouses can start working on H-4 once the NIW is approved and the H-4 EAD application is filed, as the NIW I-140 petition approval doesn't require a visa.

Read more about Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse