Questions and Answers > L-1 Visa

How can I benefit from the NIW application of my spouse as an L-1B visa holder who just lost their job?

I am currently on an L-1B visa, however, I just lost my job. My husband is a Ph.D. student, so he is on F-1. I have applied for a change of status to F-2. My husband is about to file for a National Interest Waiver green card. Can he add me to his application while my change of status is pending? What are my options?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 30, 2023

  No he cannot add you or file an adjustment of status presently. To file an adjustment, the critical point is whether a visa is available. Unfortunately, the NIW EB-2 category is backlogged starting April 1, 2023 and the shortest waiting line is if you filed in 01JUL22, then you could have added the adjustment of status application, that is assuming you are not from one of the countries such as India or China that are even further backlogged. Only EB-1 and EB-5 reserved are open unless you have an approved PERM and can then file a 3rd preference-based adjustment. 3rd preference is also open for the non-backlogged countries listed in the State Department visa bulletin.

• Lynne Feldman

  Immigration Attorney

  Answered on March 29, 2023

  If Priority Date is current, you may both file I-485s with I-140 filing or if risk averse wait until I-140 is approved. You have the option to file for premium on his I-140.

• Stephen Berman

  Immigration Attorney

  Answered on March 29, 2023

  As long as you file for adjustment with under 180 days unlawful presence in the aggregate, you should qualify under 245K. Otherwise you must consular process. See a lawyer for help with maintaining status.