When should I go back to India for H1-B stamping?

palciparum

Registered Users (C)
Hi

I am here in USA since 2003 and have not been to India since 2004. My wife came here in 2004 and has been here since. We renew our J-1 visa (Ds-2019) every year in USA.

Now I am applying for J-1 waiver. I was wondering when should I go back for H1-B stamping?

Should I go now bfeore I start J-1 waive rjob once it's apporved or

may be once I start J1- Waiver job? Does it matter?

Also if I apply for NIW, do I get Green Card after completing 5 years even if Priorty Date is not current?

Otherwise whats the advantage of NIW if my employer is willing to file for my Green card with I being from India?

Replies appreciated.
 
Now I am applying for J-1 waiver. I was wondering when should I go back for H1-B stamping?

Should I go now before I start J-1 waiver job once it's apporved or

may be once I start J1- Waiver job? Does it matter? It does not matter when you go. What matters is what you file with the USCIS. You can either file adjustment of status and remain in the US or have the approved petition sent to the US consulate in India and then go there for the visa. Regardless, whenever you go to India, you will need to get the H1B visa stamp.

Also if I apply for NIW, do I get Green Card after completing 5 years even if Priorty Date is not current? Otherwise whats the advantage of NIW if my employer is willing to file for my Green card with I being from India?
No, even with EB2 NIW, you have to wait until priority date is current to be able to file AOS. However, the distinct advantage is that it is a self petition so you are not bound to your employer, just that you are bound to 5 years in an under served area. You can move after your 3 years to complete 2 more years in another under served area. Better than being stuck to an employer, one who is likely to be exploitative in some manner.



Replies appreciated.
 
Any advantage or problem over getting change of status to H-1 in USA and taking paper back phycially to home country for visa stamping before joing the waiver job or if I do that then I have to join waiver job and then go back for H-1 visa stamping?!!
 
Top