If I File a NIW Petition and My H-1B Will Expire Soon, Can I Stay in the U.S.?

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If I File a NIW Petition and My H-1B Will Expire, Can I Stay in U.S.?

Hi William:

I am a physician with J1 visa before, and my current status is H-1B. If I file a NIW petition and my H-1B will expire soon, can I stay in the U.S.?

Answer:

This depends on when your H-1B expires. If you were subject to the J-1 two-year home residency requirement and received a J-1 waiver based on sponsorship by an IGA, you must remain in H--B status for a minimum of three years. However, if you have an approved NIW, then you can work on an Employment Authorization Document (EAD), assuming that you have submitted an Form I-485 application for Adjustment of Status.

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