Approved EB2-NIW on current H1-B, What are the next steps for Indian nationals?

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paresh1712

New Member
Hi Rajiv,

My EB2-NIW got approved and I am Indian National. I am currently on an H1-B visa.

1. Will I still be on h1-B or now my status change to NIW?
2. Can I change my jobs without the H1-B transfer required?
3. If my job is terminated on an h1-B visa, is the 60-day rule still applicable to me if EB2-NIW is approved?
4. Can I travel outside the US, since I can't file I-485? Can I get NIW EAD?

What are my options/ benefits for Indian National on EB2-NIW approval?
 
Congratulations on getting your EB2-NIW approved! Here are some pointers based on your situation:

After your EB2-NIW is approved, you don't automatically get NIW status. You remain on your H1-B visa until it runs out or you make a move to alter it.

You are able to switch jobs without the necessity of an H1-B transfer when your EB2-NIW gets approved, offering you greater versatility in choosing your professional direction.

If you lose your job while on an H1-B visa, there is a 60-day grace period that is given to you. This happens even if your EB2-NIW application gets approved. You have this time as a cushion.

To go outside the US and come back, you need to file I-485. To get NIW EAD also, first filing I-485 is required.

Being from India and having an EB2-NIW approval, you get more choices. It becomes simpler for you to switch jobs, go abroad if the I-485 form is submitted, and maybe ask for a green card faster than other ways.
 
EmberFlare said:
Congratulations on getting your EB2-NIW approved! Here are some pointers based on your situation:

After your EB2-NIW is approved, you don't automatically get NIW status. You remain on your H1-B visa until it runs out or you make a move to alter it.

You are able to switch jobs without the necessity of an H1-B transfer when your EB2-NIW gets approved, offering you greater versatility in choosing your professional direction.

If you lose your job while on an H1-B visa, there is a 60-day grace period that is given to you. This happens even if your EB2-NIW application gets approved. You have this time as a cushion.

To go outside the US and come back, you need to file I-485. To get NIW EAD also, first filing I-485 is required.

Being from India and having an EB2-NIW approval, you get more choices. It becomes simpler for you to switch jobs, go abroad if the I-485 form is submitted, and maybe ask for a green card faster than other ways.
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Hi - thank you for your response.

1. Can I apply for I-485 even though it's not current to obtain NIW-EAD? Does the Eb2 visa bulletin apply to EB2-NIW?
2. I am confused about the first and second points, you mentioned I don't need to transfer my H1-B if I switch jobs, then how is the 60-day grace period applicable if my new job is terminated?
 
Yup, you can totally file your I-485 even if your priority date isn't current to get your NIW-EAD. The EB2 visa bulletin does apply to EB2-NIW, so keep an eye on that for updates.

So, regarding your H1-B transfer, if you switch jobs within the same visa category, like from one EB2 job to another, you don't necessarily need to do a transfer. But, if your new job doesn't work out and you're let go, that's where the 60-day grace period kicks in. During those 60 days, you can either find a new employer or make arrangements to leave the U.S
 
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