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Immigration Q&A - March 07, 2010 Q1: H1B Visa Application while I-140 NIW is PendingI'm currently on OPT and I just got a job offer. The company is willing to sponsor me for an H1B visa. I have a pending I-140 through NIW. Can I apply for an H1B visa while my I-140 is pending. Certainly. An H1B Visa allows the applicant to have both immigrant and nonimmigrant intent so you may apply and obtain an H1B visa while you have a green card application pending. Q2: Principle Green Card Applicant to File Without DependentsI'm ready to have you handle my green card case through both EB1 and NIW. I do not want to file the green cards petition for my wife and daughters at this time due to our financial situation. Is it Ok if I have my case approved first then file for them? Will they still be able to benefit from my approval? Thanks. While it is possible under immigration law to do what you are requesting, it can be dangerous if not timed perfectly. I understand that an additional $3,030 in filing fees is a lot of money but I would recommend you either 1. File your EB1 and NIW first without any green card application or 2. Borrowing the money or wait until you’ve saved sufficient funds and then file for everyone simultaneously. |
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The Messersmith Law Firm, P.C. |
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