Do we need H-1 Visa after our I-140 petition got approved in NIW category

[raminenisandeep]

Hi, 

 

If we applied for NIW category and got our I-140 cleared out, do we need H-1 Visa to work in until dates become current and apply for change of status?

 

If we do not have H-1, are we allowed to stay in the USA till change of status ?

 

Can anyone throw some light on this area ?

 

Thanks  

[jairichi]

Of course you need to be on valid status to stay and work in US.

[JoeF]

An I-140 does not give you any immigration rights.

If you want to work in the US, you need to have an appropriate work visa, e.g., an H1.

[raminenisandeep]

So, the only advantages of NIW category are

 

Can change jobs easily without worrying about transfer of I-140.

No need of permanent job offer. 

 

And the rest remains same as normal EB-2 category. 

 

Correct me if am wrong and please add any additional advantages.

[jairichi]

So, the only advantages of NIW category are

 

Can change jobs easily without worrying about transfer of I-140.

No need of permanent job offer. 

 

And the rest remains same as normal EB-2 category. 

 

Correct me if am wrong and please add any additional advantages.

In addition no need for PERM to file I-140.

[jairichi]

So, the only advantages of NIW category are

 

Can change jobs easily without worrying about transfer of I-140.

No need of permanent job offer. 

 

And the rest remains same as normal EB-2 category. 

 

Correct me if am wrong and please add any additional advantages.

Also, your current job should be in line with the basis of NIW.