NIW H1B extension deadline

T

Trapped79

New Member
Facts:
1. My NIW EB-2 (I-140) got approved on 5th Feb, 2009.
2. My H1-B expires (6 years) on Sep 2010. Applied for labor several months ago and is in process through my current employer but my employer might lay me off any time due to economy.
3. Based upon the way priority dates (adjustment of status) are moving for Indians, it seems that I will not be able to apply for i-485 before Sep 2010 as the date will not be current.

Question:
How can I make sure that I can work after Sep 2010?

My lawyer has made the following suggestons:
1. Convert to o-1 visa from H1-B visa to buy time. This means another saga of going through a lot of pain, money, and praying to get approved like I had it for NIW which got approved after RFEs.
2. Stay with my current job (I cannot gaurantee that due to the economy). This makes no use of the hard earned NIW approval.

I feel like I wasted my NIW just because of the priority date. I wish my lawyer had told me about this scenario and I would have never applied for NIW.

Any suggestions will be really appreciated.
Thanks
 
If you qualified for NIW, there is a chance you could also qualify for EB-1, which would enable you to file a I-485 right away concurrently with an EB-1 petition. Just another option to think about, since priority dates for EB-1 Indians are current.
 
It is really easy for you to apply for EB1-A. The only thing is you have to get the same letters from the referees/references once again. If they are willing to provide, then go ahead and apply.

You can apply for EAD too along with I-140 application and work for any one in case you are laid off. but for some strange reasons if your EB1-A I-140 was denied then you were illegally working on EAD (correct me if I am wrong).

Getting O-1 visa is as tough like getting EB1-EA. by the way what is your service center?

Is it that hard to go back to India??? just a thought.
 
I am in the same boat as u are. My H1B 6 years expires in Sept2010. However if your I140 gets approved u stand a chance for an extension of three years. Cant you do that? NIW is not dependent on any employer (you definitely need a job though) I am thinking of an NIW as well. Could you let me know what your credentials were and when you had applied. This would be a great help. Thank you and I wish you the very best.
 
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