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After My J1 Waiver Approval, Can I File I-140/I-485 First and H1B Later on?

Dr. William:

I just got the J-1 waiver with the help of your Complete Do-It-Yourself J1 waiver package. Thank you very much!

I am about to file Form I-140 National Interest Waiver application, together with the Form I-485 application. But I also want to change my visa from J1 visa to H-1B status. So, my question is: can I file I-140/I-485 first, and then H1B later on? I know it is ideal to get a H-1B status first, but I am afraid the EB2 will be backlogged again. Any idea will be appreciated

Answer:

Form I-140/I-485 applications and H-1B application are not related, and they are two independent processes. You can apply for Form I-140/I-485 applications first. You may want to file NIW I-140 and I-485 as soon as possible. If the EB2 visa numbers is current for your home country, you can file I-140 and I-485 so soon as possible, before it is retrogressed again as expected at the end of this year.

If now is the good time for you to file I-140 and I-485 applications together, there is no need for you to wait to file H-1B application later. But just remember that you can file I-485 now does not mean you will not be affected later by the potential visa number retrogression.




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