Q: EB-2 NIW Application on B-1/B-2
I am on a B-1/B-2 visa and I believe I am eligible for EB-2 NIW. I am a researcher, with an advanced degree, in a niche field in which the leading countries are competing. I am from Bangladesh, married and have 2 kids. My question is: Would it be safe to apply for the EB-2 NIW on a visit to the US on my B-1/B-2 visa using premium processing? Can I legally stay after my "admit until date" if the i-140 is processing? Can I apply for i-485 if i-140 is accepted but "admit until date" has passed? If the i-140 application is rejected and "admit until date" has passed but I leave immediately upon rejection of i-140, can future applications still be affected?
A: Applying for an EB-2 NIW while in the U.S. on a B-1/B-2 visa could raise issues of "dual intent," potentially risking your B-1/B-2 status. Your "admit until date" on your B-1/B-2 status will not be automatically extended merely by filing an I-140; you would still be expected to leave the U.S. by that date unless you've changed or extended your status. Overstaying your "admit until date" could render you inadmissible in future visa applications, even if your I-140 is approved but you leave immediately after a denial.
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