Question regarding NIW application petitioned by an F2 visa holder

T

tea2013

New Member
Hi everyone!

Thank you for your contribution to this forum! We have some questions regarding to NIW application and would like to seek your advice.

My husband is currently a fourth-year Ph.D student in a US university on F1 visa. I am on F2 visa and have received my Ph.D degree from a top university in China. I am planning to apply for green card under the EB2-NIW category. So here are our questions:

1. I know I can submit the application. But what would happen to both our statuses if my application gets rejected? Does that mean we would be out of status, and couldn't travel between China and the US?

2. Suppose that my husband graduates next year and lands a job somewhere in the US, we understand that our status would be H1-B and H4. But how would this change of status affect my NIW green card application?

3. In light of the current debate around the immigration reform, we were wondering what're the odds that the long waiting time for EB2-NIW applicants from China (for that matter, India) would be shortened or eliminated?

We appreciate your time and valuable insights. Much appreciated!

Best,
Tea2013
 
Hey Tea, as far as I know rejected I-140 petition does not affect your or your husband's status at all. I have no idea about the immigration reform, but for myself, I am not counting on it. Any changes that may follow will more than likely take a few years and I am not able to wait that long.
Good luck with your petition.
 
Ukr_Gal said:
Hey Tea, as far as I know rejected I-140 petition does not affect your or your husband's status at all. I have no idea about the immigration reform, but for myself, I am not counting on it. Any changes that may follow will more than likely take a few years and I am not able to wait that long.
Good luck with your petition.
Click to expand...

Thanks for the insights, Ukr_Gal. We thought that there is a good chance that the waiting time might be greatly reduced. But this might be just another "reform" that would not materialize.
 
Tea, I hear you. I am myself an ROW but I feel so much for Chinese and especially Indian nationals. Being eligible for a green card and not being able to get one for .... 5+ years??? This is not fair. But you do what you can - apply. The last time I checked, the EB2 PD for China seemed to be moving a bit. Also, maybe in a few years one of you will be able to apply for an EB1. You just never know.
 
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