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An aliens National Interest Waiver petition is approved, but his H-1B is going to expire. Can he apply for either consular processing or adjustment of status?

April 26, 2017Alien Approved going H-1B National petition waiver

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An aliens National Interest Waiver petition is approved, but his H-1B is going to expire. Can he apply for either consular processing or adjustment of status?

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Yes. He may apply for either consular processing or adjustment of status. Because applying for adjustment of status has the benefit of a work permit, choosing to apply for adjustment of status is probably the better option for him if he wishes to stay in the U.S. while his application is pending.