NIW-EB2

classicyogi

New Member
Hi I am an medical graduate on 5th year of H1b visa, going to expire on 6/16.
I currently in a clinical fellowship program which will end on 6/16.

I have to get 7th year extension of H1B, to do that I understand that I have two options :

1: Find an employer and file for labor certificate before 6/15( 365 day before 6th year of H1b), however this is very unlikely to happen due to too advance commitment and competitive job market for physician.

2: Second option is to apply for NIW -EB2, (not enough publications/research). So I will apply for EB2 NIW in 5/15 and if NIW I-140 gets rejected, would apply for a appeal process.

my questions is:
-How long is the process for appeal of rejected I140 for NIW?
-Can I get 7th year H1B extension, on basis of appeal of rejected I-140 for NIW(after 365 of NIW application)?
-If yes, can I use that H1B extension to work for a non cap h1b employer from 7/16?
-Any potential problems likely to happen with above strategy? or any other way to get round this 6 year H1b visa issue?

Thanks a lot in advance!
 
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