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filing O-1 visa with pending NIW petition ??
- Thread starter GP2007
- Start date
I doubt that, why would it? Even if you're planning to file I-485 concurrently with your NIW I-140, O1 is a dual intent visa (status).
8 CFR, Sec. 214.2(o)(13), "The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O-1 petition, a request to extend such a petition, or the alien's application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an O-1 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States."
Good luck to you!
8 CFR, Sec. 214.2(o)(13), "The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O-1 petition, a request to extend such a petition, or the alien's application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an O-1 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States."
Good luck to you!
arthurking75
Registered Users (C)
GP2007, yesterday is the last day that you can concurrently file NIW 140 and 485.
arthurking75
Registered Users (C)
No, you are wrong. Check the USCIS FAQ and you will see you can't concurrently submit NIW or EB1 140 and 485 after 8/1/2007 since your PD will be in August and according to August Visa Bulletin, all visa categories are Unavailable.
Many Thanks to civ2ru. I highly appreciate your professional reply.
arthurking75, I guess still one can apply both 140 and 485 until 17th of aug in NIW category. Please correct me if I am wrong! Thank you.
Last edited by a moderator:
Yes, arthurking75 is right about PD (Q10 and Q12 at http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf). Sorry that I didn't immediately realize what day it was... Didn't mean to mislead you.
You can still go ahead and file your NIW I-140, but you'll only be able to file I-485 when your priority date is current again. Being that you're on H1B now (and whenever you transfer to O1), falling out of status is not an issue for you. Besides, if your I-140 is already approved by the time you can file I-485, that would only add extra security.
Good luck to you.
You can still go ahead and file your NIW I-140, but you'll only be able to file I-485 when your priority date is current again. Being that you're on H1B now (and whenever you transfer to O1), falling out of status is not an issue for you. Besides, if your I-140 is already approved by the time you can file I-485, that would only add extra security.
Good luck to you.