H1B Visa Application while I-140 NIW is Pending

I’m currently on OPT and I just got a job offer. The company is willing to sponsor me for an H1B visa. I have a pending I-140 through NIW. Can I apply for an H1B visa while my I-140 is pending.

Certainly. An H1B Visa allows the applicant to have both immigrant and nonimmigrant intent so you may apply and obtain an H1B visa while you have a green card application pending.

Posted on August 22, 2012 at 7:57 pm by Immigration Lawyer Peter Messersmith · Permalink
In: H-1B Visa, National Interest Waiver · Tagged with: ,

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