Legal Question in Immigration Law in California

a J1 visa holder doing postdoc in University. I am at the verge of my Us stay, it's not even 3 months from now.And I have still not got hold of my next opportunity. I have done my Phd in India, 1st post doc in Birmingham, uk and 2nd one in Berkeley, CA, USA. My nationality is Indian and I want to apply for my GC. I've few query related to my GC application as follows before I decide to do a petition under EB1 or EB2-NIW:-

1> Will it be a wise decision for me to apply for I 140 and I 485 at the same time after getting my waiver approved? If so, then do I need to take Advance Parole before leaving USA?

2> If H1b is an exception to Advance Parole and If I leave USA after my I 140 and my waiver is approved but I 485 is pending can I again return on H1B visa(according to my plan I want to join industry instead of research) without affecting the status of my I 485 petition?

3> If after leaving USA my I 140 gets rejected will I still be able to back to USA in H1B visa if I get a job or sponsor? In that case Can my employer apply for GC on my behalf freshly?

4> If both of my I 140 and I 485 rejected fort the first time can I still be able to work on H1B ?


Asked on 2/25/13, 1:56 pm

1 Answer from Attorneys

Charles Medina Law Office of Charles Medina

We suggest you to consult with an immigration attorney for all your concerns.

You may visit our website at www.medinalawgroup.net for our featured cases that cover the most complicated areas of immigration law. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 2/25/13, 2:59 pm


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