回複:回複:急問: 關於NIW/EB1 petition 及 H1b extension

回答: 急問: 關於NIW/EB1 petition 及 H1b extensionmascotwu2008-02-22 14:34:39

Thanks a lot for these information.

Actually I've never filed an I-140 petition before. I applied for EB-2 in my previous job, and my Labor Certificate got stuck for a long time. The company planned to switch all LC cases to Perm in Fall 2005. But unfortunately, just around that time, there came the retrogression news, so the attorney advised me to stick to my original RIR case instead of switching to PERM, so as to keep my original priority date.

I had been working part time to finish my Ph.D for a while in my previous job. Then in Sep. 2006, when I needed a final push to finish my dissertation, I asked for 4 months' leave and got approved. I was supposed to return to work in Jan 2007. However, there was a budget cut in Dec. 2006 and I was laid off. That's why I changed to my current job in a hurry.

I received an approval letter from USCIS in Feb. 2007 for my previous LC, but since I'd already left the company, it no longer belonged to me.

At the time when I joined the new company, the priority date for LC-based EB2 petition was still stuck, so I decided not to file an EB2 petition at that time, but continue to prepare for my NIW/EB1 case. Therefore I missed the opportunity in last August when USCIS allowed all people with approved LC/I-140 to file I-485.

My NIW/EB1 preparation finally looks in good shape now, but I was shocked the other day to know the risk I'm facing now of losing my eligibility to H1b extension at the end of this year.

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