NIW questions

[IH6523]

Hello,
1.Is state support letter mandatory for petitioning NIW?

2.After petitioning NIW, pending a decision, does one get a legal status to stay [ can't work] till the decision?

3.If one has maxed out 6 years of H-1B by July 30, 2009.And he plans to leave the country physically for 1 year and come back by Aug 2010.If he finds an employer who file NIW petition for him by Aug 2009 and say it gets approved by Jan 2010.Can he get H-1B based on NIW approval in jan 2010 and enter USA to work?

Thanks for feedbacks.

[Xkuger]

1. Honestly get your hands on evry possible letter and recommendation that you can possibly get ( This enhances your success)

2. No just application does not give you a legal status to stay.. you have to keep your status till I140 Approval as I understand.

3. Don't mix and match GC & H1...

My friend there are all kinds of crooked employers, if truly you are of National importance and qualify for a NIW you would not have to leave in the first place.

Also remember employers will file a NIW so what... they may not care about the outcome, they just milk your services till your application is rejected.

So understand your case, honestly ask your self, is what you do "OF NATIONAL IMPORTANCE", will it continue to be so and embark on NIW.

I know a lot of my fields who have spent effort, money & time only to have it rejected, so have a backup plan to a NIW - as approvals are far, few and time consuming.