EB2 NIW Related Questions

M

Makarand_k

New Member
Hello Rajiv Sir,
Thank you for advice and such helpful contents on immigration journey.
I entered in the US to complete my Masters on F-1 visa in 2018, I got my H1B visa approved in Oct 2022. Now I was planning to go for green card through EB2 NIW route. I have few questions, which are as follows:
1. Suppose that I got EB2 NIW approved and I am waiting in queue for green card, but I went back to India and work in India (employer may or maynot be related to US), Can I collect my GC whenever the priority date becomes current?
2. Suppose that I have already applied through EB2 NIW visa but then I build my profile and want to apply for EB1 visa, can I do that?
3. When can I start my own busineess/startup, during the EB2 NIW application procees? or Do I need to wait until the visa is approved to start business?
4. When can my wife start working on H4 visa, is it during the EB2 NIW application procees? she needs to wait until the visa is approved?
 
Hello,

I'm glad you've found the information helpful! Regarding your questions on the EB2 NIW process and your scenarios:

  1. Returning to India While Waiting for Green Card: Yes, if your EB2 NIW is approved and you are outside the US, you can still proceed with your green card process when your priority date becomes current. You would go through consular processing in India to obtain your immigrant visa.
  2. Applying for EB1 After EB2 NIW: Yes, you can apply for an EB1 visa even if you have already applied through the EB2 NIW route. If you qualify for EB1, it could potentially speed up your green card process due to shorter waiting times in some cases.
  3. Starting a Business During EB2 NIW Process: Generally, you can start a business or startup while your EB2 NIW application is pending. However, ensure that your activities do not violate the terms of your current visa status in the U.S.
  4. Work Authorization for H4 Visa Holder: Your wife can start working on an H4 visa if she obtains an Employment Authorization Document (EAD). The EAD for H4 visa holders is typically dependent on the primary H1B visa holder's status and certain conditions, such as having an approved I-140. Therefore, she may need to wait until a certain stage in your green card application process before applying for the EAD.
Always consult with an immigration attorney for personalized advice and the most current regulations.

Best wishes on your journey!
 
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