A Quick Question OPT-NIW?

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Reza-EB2 NIW

Registered Users (C)
Hi Eveybody,
I have a quick question. I am corrently postdoc at a state university in an engineering major and my status is F1-OPT (optional Practical Training).
I want to start applying for EB2-NIW. Do I need to change my status to H1 or not? Does any one has ecperience about this issue to share it with me?

Thanks for your help,
Reza
 
I was on OPT in postdoc position and filed my NIW Dec 7th 2005. So far I140, EAD and AP approved and had biometrics for I485 yesterday so it seems that it is fine and others on here have had similar experience. If you are not sure how strong your NIW perhaps file I140 and then I485. Once you apply for adjustment of status you need EAD as well and start working under that as F1 is not dual intent. It seems this is only an issue if you leave and try to re-enter on F1 visa.
I must add I am not an expert and this is just my personal experience.

Good luck
 
Not neccessarily. You can file I 140 (NIW) while still being on OPT. I did the same.

However, to be on safer side of the law, in the instance your I 140 is denied, then you may want to be on status, for which you need H1 after your expiration of OPT.
 
If you just apply I-140 its fine to use OPT...........if you apply for I-485 concurrently then you should use EAD based on I-485 not OPT. Some people got OPT based EAD but this raises questions later.....(its funny because people who issue this query are the one who issue that).... Sometime even OPT based EAD gets denied....under this .....circumstances....Its wise to use EAD based on pending I-485.
 
Reza-EB2 NIW said:
Hi Eveybody,
I have a quick question. I am corrently postdoc at a state university in an engineering major and my status is F1-OPT (optional Practical Training).
I want to start applying for EB2-NIW. Do I need to change my status to H1 or not? Does any one has ecperience about this issue to share it with me?

Thanks for your help,
Reza
Click to expand...

well you can change if employer is offering one as its good to have backup H1 to avoid out of status problem on denial of petition.H1 is dual intent VISA!!!Since you are postdoc (assuming at UNIversity) you don't have H1B cap issue too!!! as suggested if you want to play safe apply I-140.... if that gets approved apply I-485 /EAD and get that......use that.....
 
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