EB1-OR filed. now jobless. what are the options?

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NIW_help

Registered Users (C)
my EB1-OR is pending since Apr. 08. due to the recent economic problem my contract was not renewed. my contract terminates in Apr. 09.
I am in the last year of my H1 (6th year).
is there a possibility that I can change to J1 and continue somewhere and file NIW or better leave?
thanks for your inputs.
 
If you are from China or India then you can also file EB-1A instead of NIW. Do not try to go for J status because 1- you are most likely to be denied anyway because of immigrant intent since you already have a filed immigrant petition, and 2- in the unlikely event that it's approved, you'll have 2-year home residency requirements and all that good stuff which will jeopardize your I-485.
 
filing EB1-EA may not be a viable solution as of now. I am yet to get the letters and hope it can not be done at this 11th hr.
niw-may be the other option. since I am from one of the curse countries (j/k) that is also not an option.
thanks for the help.
good luck to all.
 
Hi jk0274,
Do you think J1-holder can apply EB1 or NIW? Is J1-holder easily denied when applying EB1 or NIW in comparison with H1B-holder?
Thanks
 
A J-1 holder can definitely submit a I-140 petition based on NIW or EB1. As long as the person is qualified, it does not matter at all what non-immigrant status you are under, whether J, H, or otherwise. It's your qualifications that matter. However, two things to keep in mind as a J visa holder:

1- The most important is that, while you can submit your I-140 petition in either category (or both), you may not be able to submit an adjustment of status application (I-485) even if your priority date is current if you are subject to the two-year home residency requirement. You must either comply with the requirement or obtain a waiver before submitting your I-485. However, you can still submit the I-140 anytime.

2- Once you submit your I-140 petition, you are placing your J status in danger because, by submitting an immigrant petition, you are showing immigrant intent, which contradicts the purpose of the J status. First, you may not be able to extend your J status. Second, if your J-1 visa in your passport is expired, you are unlikely to be able to obtain a new visa at a consulate abroad even if your DS-2019 is valid. Third, if you travel and you do have a valid J visa, you could still be denied reentry when you arrive in the US. Therefore, if you decide to go that route, make sure you will have enough time on your existing DS-2019 to obtain a waiver of the home residency requirement AND make sure you have no plans to travel until you get the waiver so you can submit your I-485 and obtain an Advance Parole document.
 
Thanks jk0274.
If I (J1-holder, no two-year-home-requirement) apply I-140 for EB1 or NIW, then I tranfer to H1B (maybe 1 or 2 years later) during my I-140 pending. Is it possible? Is there any effect on my H1B application and my I-140?
 
There is no effect of your H1B change of status application on a pending I-140. H-1B is one of the very few non-immigrant statuses (L being another) that allows you to pursue immigrant status (i.e. file I-140 and I-485) while lawfully remaining in that non-immigrant status and extending it.

However, the same problem I mentioned previously applies for transferring out of J status if you are subject to the two-year home residency requirement (sometimes the annotation on your visa stamp can be wrong) because you cannot change your status to H if you have a home residency requirement. You say you have no such requirement, so you can switch over to H-1B whenever you have the opportunity. Basically if you plan to file an immigrant petition, it's a good idea to get out of F and J status to be on the safe side unless you have a lot of time left on your current valid DS-2019.
 
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Hi jk0274,
Your answer increases my knowledge on visa. Thank you.
I have a confused idea! I am also J1-holder. If I change to H1B:
1. How many years I can stay in US under H1B? I heard that it is 6 years but why I saw some people under H1B up to 9 years or more. Why?
2. When I reach the maximum of H1B (maybe 6 years), can I apply new H1B for another 6 years?
Thank you in advance!
 
Extend H1 to the 7th year

NIW_help said:
my EB1-OR is pending since Apr. 08. due to the recent economic problem my contract was not renewed. my contract terminates in Apr. 09.
I am in the last year of my H1 (6th year).
is there a possibility that I can change to J1 and continue somewhere and file NIW or better leave?
thanks for your inputs.
Click to expand...

Find a new employer and extend your H1 to the seventh year. You don't need to wait till April 09 for that (that is you don't need to wait 365 days after I-140 submission for extending H1 to the 7th year, provided remaining time of H1 and 7th year extension are requested together).

--HH
 
HelpingHand said:
Find a new employer and extend your H1 to the seventh year. You don't need to wait till April 09 for that (that is you don't need to wait 365 days after I-140 submission for extending H1 to the 7th year, provided remaining time of H1 and 7th year extension are requested together).

--HH
Click to expand...
It does not solve the problem. Mine is OR tied to my employer. Changing the employer will essentially disqualify my application.
If it was EA or NIW then what you say is workable.
but at this moment or may be for couple of more years the road is not rosy any more. too many layoffs and what not.
I will be better off at some other place than here.
thanks for your suggestion.

I may work at another employer and even my I-140 may be approved with out RFE. but I will have hard time explaining it during I485. or if I get RFE for I140 I have no hope.
 
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NIW_help said:
It does not solve the problem. Mine is OR tied to my employer. Changing the employer will essentially disqualify my application.
If it was EA or NIW then what you say is workable.
but at this moment or may be for couple of more years the road is not rosy any more. too many layoffs and what not.
I will be better off at some other place than here.
thanks for your suggestion.

I may work at another employer and even my I-140 may be approved with out RFE. but I will have hard time explaining it during I485. or if I get RFE for I140 I have no hope.
Click to expand...
Yes, EB1-OR is tied to the employer. But, as far as I know, it doesn't prevent you from seeking 7th year H1 extension with another employer (if your I-140 is more than 1 year old). Yes, your I-140 will become pretty much redundant then.
 
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