urgent question about NIW

[ISUNIW]

I am a postdoc using my OPT and have not apply H1B. Want to apply NIW in next few month. Should I apply H1B before applying NIW? Is there any problem if I apply NIW(140+485 together) while OPT before H1 B application or applied but have not got H1B ?

Thanks a lot

 

[weakunix]

shouldn't be a problem for 140, but...

I heard that if you also file 485, you become pending adjustment of status. If you then apply for H1B, your 485 might be considered abandoned (not sure about this, though, I've heard mixed messages).

On the other hand, if you're confident that your application won't be denied, then you don't need an H1B to work during 485 pending period. Just get EAD.

 

[NIW-Nov 04]

I think there is no such connection between H1B and I-485 (AOS).

 

[ISUNIW]

Anyone with same experience?

Is there any bad effect on Green card applicaiton during OPT?

I think there is no such connection between H1B and I-485 (AOS).

 

[graduation2003]

Is there any bad effect on Green card applicaiton during OPT?

ISUNIW, I was in the same situation like you. I started my postdoc using OPT, 4 months later, flied I-140, then 2 month later, started my H1B. I don't think applying GC under OPT has any bad effects, some people got their GC under F1.

 

[ISUNIW]

To graduation2003:
So you applied H1B before you filed I-140, right?
Thanks

 

[graduation2003]

To graduation2003:
So you applied H1B before you filed I-140, right?
Thanks

No, I filed I-140 first in May 2005, then applied H1-B in June with $1000 express processing fee and got my H1-B approval after 15 days.