Our firm successfully processed a National Interest Waiver Petition for a researcher from China working at a prestigious University in Philadelphia conducting research in the field of understanding the molecular mechanisms of disease. The Chinese National had used the approved NIW I-140 Petition to extend H-1B status for an additional 3 year period beyond the 6 year maximum.
The priority date of the I-140 Petition became current in May 2010 according to the Visa Bulletin and our Philadelphia immigration law firm, which continuously monitors the priority dates of our clients. contacted the Immigration Service to advise that the priority date was current.
The adjustment of status applications, that had been filed years ago when the priority date had been current, were approved for the researcher and the derivative family members. If a Chinese or Indian national wishes to self-petition and potentially qualifies as an EB-1 Alien of Extraordinary Ability that is always the best way to proceed in light of the substantial EB-2 and EB-3 backlogs for Chinese and Indian Nationals. However, a successful EB-2 National Interest Waiver Petition is a viable strategy as the priority date is eventually reached and the NIW Petition allows the individual to remain in the United States in H-1B status until the green card is issued.