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chrisbonatto

H1B question

By chrisbonatto in Work Visas

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chrisbonatto Apprentice

chrisbonatto   22

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Filed: EB-2 Visa Country: Brazil
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Hey community,

 

I have a tricky situation that I would appreciate some input from you.

I currently live in the US on a J1 visa (I have the J1 waiver already), and have an approved I-140 for an EB2-NIW since August 2022. I was dq'ed by the NVC on October 2022 and am waiting for an interview at the consulate since then (Rio de Janeiro - Brazil).

 

My new employer wants to file an expedited H1B change of status (from J1 to H1B), and because they are cap exempt, they said that I could start working in around 20 days for the new company. I would have all the H1B paperwork, but wouldn't have a H1B visa stamp until I go to my country and get an actual consulate interview for the H1B. I accepted a job offer with them around November 20th 2022.

 

My question for you is: Should I go ahead with the H1B process, start working at the new company, and then when the EB2 interview comes I just go and get a green card?

Or is it best to just wait for the EB2 interview without getting a H1B?

Or even, should I just stay with a H1B and not get the EB2 visa at all?

Or doing any of these examples would jeopardize one or the other?

 

I really don't know what is the best option, but maybe someone has experience with this that could help me?

 

Thank you!

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Boiler Grand Master

Boiler   43,432

Posted
Filed: K-1 Visa Country: Wales
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Posted

I would start by asking your EB2 Lawyer, now I know NIW's are very popular but pretty unusual to see them discussed on here and I would think a lot will depend on the strength of your case.

 

I am slightly suspicious of anything taking 20 days.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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chrisbonatto Apprentice

chrisbonatto   22

Posted
Filed: EB-2 Visa Country: Brazil
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1 minute ago, Boiler said:

I would start by asking your EB2 Lawyer, now I know NIW's are very popular but pretty unusual to see them discussed on here and I would think a lot will depend on the strength of your case.

 

I am slightly suspicious of anything taking 20 days.

Thank you!

The only issue with that is that my EB2 attorney just helped me until the I-140 was approved. For more help they require more money...

 

I am suspicious too, but they said that the LCA should take 7 days and the premium processing for the H1B is 15 days, and they have done this many times before... so it might be true?

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Boiler Grand Master

Boiler   43,432

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Filed: K-1 Visa Country: Wales
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Posted

Well that is 22 and assumes a Lawyer is sitting there ready and waiting to get going plus mailing and assuming no RFE's and possibly other things I have not thought of.

 

But it is their cost and time so no downside for you to wait and see what happens.

 

Green Card is obviously better long term.

 

And sort of surprised your Lawyer is not taking things through to completion.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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randomstairs Community Regular

randomstairs   265

Posted
Filed: Citizen (apr) Timeline
Posted

The H1B application will not interfere with your Green Card process, nor the other way around - they are completely orthogonal. (Why are you doing the consular processing instead of the AoS?) You can wait for your H1B to be approved and then start working with your new employer.

 

The NIW does not depend on your employer, in most cases. (However, it is important to remain in the same area of concentration at least for some time after the I-140 approval and even after you get the Green Card.) So it looks like getting the H1B now, and attend the interview in Brazil later is the best option.  

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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chrisbonatto Apprentice

chrisbonatto   22

Posted
Filed: EB-2 Visa Country: Brazil
 Timeline
  • Author
Posted
11 hours ago, randomstairs said:

The H1B application will not interfere with your Green Card process, nor the other way around - they are completely orthogonal. (Why are you doing the consular processing instead of the AoS?) You can wait for your H1B to be approved and then start working with your new employer.

 

The NIW does not depend on your employer, in most cases. (However, it is important to remain in the same area of concentration at least for some time after the I-140 approval and even after you get the Green Card.) So it looks like getting the H1B now, and attend the interview in Brazil later is the best option.  

Thank you! Very helpful answer!

 

I just did the Consular Processing versus the AoS because I was in a J1 visa, and needed to go to Brazil in May this year to actually get married there. So my attorney recommended me to apply for the CP because this way it would be safer to enter the country back.

 

They filed the LCA yesterday, so I guess that I will follow this plan: Get the H1B, start working, and then probably pull the case from NVC and apply for an AoS.

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randomstairs Community Regular

randomstairs   265

Posted
Filed: Citizen (apr) Timeline
Posted
1 hour ago, chrisbonatto said:

Thank you! Very helpful answer!

 

I just did the Consular Processing versus the AoS because I was in a J1 visa, and needed to go to Brazil in May this year to actually get married there. So my attorney recommended me to apply for the CP because this way it would be safer to enter the country back.

 

They filed the LCA yesterday, so I guess that I will follow this plan: Get the H1B, start working, and then probably pull the case from NVC and apply for an AoS.

If you file the I-485 (AoS) you'll have to wait for the travel document (AP) or you'll have to get the H1B visa stamped in your passport in order to return to the US, so keep that in mind. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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  • 4 weeks later...
chrisbonatto Apprentice

chrisbonatto   22

Posted
Filed: EB-2 Visa Country: Brazil
 Timeline
  • Author
Posted
On 1/24/2023 at 9:46 AM, Boiler said:

Well that is 22 and assumes a Lawyer is sitting there ready and waiting to get going plus mailing and assuming no RFE's and possibly other things I have not thought of.

 

But it is their cost and time so no downside for you to wait and see what happens.

 

Green Card is obviously better long term.

 

And sort of surprised your Lawyer is not taking things through to completion.

Got the H1B approval yesterday, was 16 days from LCA to H1B approval :)

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