H1B Visa
will filing EB2 NIW have any impact to my H1b application?
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I have some questions regarding my current visa status that I am working with F-1 OPT
now with expiration date this Aug.25. Any my company is filing H1b for me now and may start EB2 PERM internally soon (projected file in May/June). May I ask given my current situation, will filing EB2 NIW have any impact to my H1b application and should I apply OPT extension and wait for new EAD before I file for NIW?
No, your EB-2 NIW petition will have no effect on your H-1B petition.
Yes, you may wish to wait until your OPT extension has been granted before filing your I-140 under EB-2 NIW. If you try to apply for the OPT extension after having filed the I-140, you may have problems for the reason that the F visa does not allow immigrant intent, and by filing the I-140, you will be showing your intent to immigrate to some extent.
The immigration officer will review the surrounding factors to determine if you have shown immigration intent when reviewing your OPT extension request, such as keeping a foreign residence, etc. If they determine you have shown immigration intent, your OPT extension request might be denied.
