AKP117 Posted February 27, 2013 Report Share Posted February 27, 2013 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 . 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 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, Link to comment
JoeF Posted February 28, 2013 Report Share Posted February 28, 2013 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. Link to comment
t75 Posted February 28, 2013 Report Share Posted February 28, 2013 Does the university's attorney know that you intend to leave the university after all of the time and money expended on you? Link to comment
Attorney_25 Posted February 28, 2013 Report Share Posted February 28, 2013 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. Link to comment
AKP117 Posted March 5, 2013 Author Report Share Posted March 5, 2013 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! Link to comment
AKP117 Posted March 5, 2013 Author Report Share Posted March 5, 2013 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! Link to comment
AKP117 Posted March 5, 2013 Author Report Share Posted March 5, 2013 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. Link to comment
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