NIW application question

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Hi Folks I am currently on F1OPT status. My H1B (non-profit) is  pending since two months. I collected all the required documents for my NIW I-140 (self-petition) application. I have no idea how long it will take USCIS to decide my H1B. Therefore I am thinking to file I-140 petition while I am in F1OPT status. Would it be a problem to file I-140 during F1 status? Any suggestions would be appreciated. Thanks Raju

rajulama · Mar 11, 2010 5:55 PM · 4,992 views

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Hello Raju Lama, I just got my NIW approved. I was thinking of doing it when I was in F1 but the lawyer told me that if it gets rejected then my status will be in jeopardy, as I showed immigrant intent while in non-immigrant visa. If you apply after getting H1B (which carries dual intent) then it is much safer. You should get your H1B within few months, if you want it early you can pay $1000 dollars to expedite the process, they approve it within 10 business days. buzz

buzz · Mar 11, 2010 9:15 PM

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