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If My NIW I-140 is Denied, Will that Prevent Me from Applying in the Future?

Dr. William:

I am in J1 visa, and I want to apply for J1 visa waiver for 2-year home country service. If I have a J1 visa waiver approval, can I change my status to another visa category?

Also, If I file a self-petitioned NIW I-140 and it is denied, will that prevent me from applying in the future?

Answer:

If you have a J1 visa waiver approval, you can change your status to another visa category, such as H1-B visa.

If you file a self-petitioned NIW I-140 and it is denied, the denial will not prevent you from applying in the future. Of course, a new application should contain some new information or arguments, or at least a discussion of the reasons that the first denial was in error.




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