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AKP117

Help needed with few Q's

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Hi,

I am PhD in engineering currently working as a postdoc at a university. I have this job until next year. I am currently under OPT extension. My lawyer at the university promised me that with my current credentials, he can get my i 140 approved in 4 months under NIW, EB-2 category. However as I am from India, I have to wait longer to get adjustment of status. I have following questions-

My husband and myself are looking for

jobs

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. In case we do not get jobs in the same city, I may have to quit my job temporarily.

1) what happens if I quit job after my i 140 approval? As the NIW

petition

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do not require sponsorship, do I still have to maintain my status as H1b?

2) Can I work in any research lab part time?

3) Can I work in a company after my i140 approval belonging to the same field as my degree?

4) How long can I stay without job after i140 approval before I find another job?

Thanks In advance,

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An I-140, even an NIW I-140, does not give the beneficiary any immigration rights. Until the PD is current and you can file an I-485, you have to maintain legal status in some other way or leave the country.

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Does the university's attorney know that you intend to leave the university after all of the time and money expended on you?

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If you "self-petition" your NIW, then you will not be tied to a single employer. You will need to maintain a nonimmigrant status to remain in the US, and you must have a nonimmigrant status valid for work, such as H-1B, if you intend to work, until your I-485 is filed. It is recommendable to maintain nonimmigrant status even after filing the I-485. Please be sure that you obtain legal counsel on these issues from a qualified immigration attorney.

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If you "self-petition" your NIW, then you will not be tied to a single employer. You will need to maintain a nonimmigrant status to remain in the US, and you must have a nonimmigrant status valid for work, such as H-1B, if you intend to work, until your I-485 is filed. It is recommendable to maintain nonimmigrant status even after filing the I-485. Please be sure that you obtain legal counsel on these issues from a qualified immigration attorney.

Thank you very much!

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An I-140, even an NIW I-140, does not give the beneficiary any immigration rights. Until the PD is current and you can file an I-485, you have to maintain legal status in some other way or leave the country.

Thank you!

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Does the university's attorney know that you intend to leave the university after all of the time and money expended on you?

Thank you. He does. University is not paying..so does not matter.

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