plan

[zepharus]

Hi,
Hope somebody would answer my questions.
If I want to apply for EB-1 or NIW now and I am using OPT, what kind of status I am holding? If my application be rejected after my OPT expires, can I stay legally? Is it better to apply for H1 before OPT expires and then file EB-1?

Thanks.

 

[logicators]

You will be out of status in that case. A H1B as a backup should help.