May 15, 2011 at 7:46 pm | FAQ, General
- Posted by admin |
Question:
I have a question regarding EB1a. My husband has a PhD, and can easily fulfill at least 3 out of 10 criteria. He recently got a job offer. He will join the co. with an OPT and the company will eventually file for H1B. When is the ideal time to file for his EB1a or NIW? Can he file for EB1a right away even before the H1B is filed? As his spouse, will I automatically get my green card? I also hold a PhD and can fulfill EB1a criteria but I am currently not employed. Is it best that we file together or separately.
Thanks for your response.
Answer:
He can file for his I-140 at any time. If he plans to self petition, he does not need any sponsorship and his petition is not tied to the company in any way. When he applies for adjustment of status (I-485, which is filed concurrently or separately depending on the priority dates and his nationality), you are also eligible to apply for an adjustment of status based on his i-140 petition. So both of you can get green cards after 485 approvals.
As mentioned earlier, you do not need an employment sponsorship. If you wish you can file separately. The advantage of this is, if either one of your petitions gets approved, both of you can apply for change of status using the approval.
Sincerely
Sincerely
Green card for Phd Team
Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.
May 6, 2011 at 7:27 pm | News
- Posted by admin |
Bulletin Source: Department of state
Applies to: Green card applicants
Detailed Bulletin
Summary of Visa Bulletin Relevant to EB1A and NIW
- EB1 is current for all countries
- EB2 is current for all countries except for India and China. EB2 cutoff date for China and India are 01 August 06 and 01 July 06 respectively.
Sincerely
Green card for Phd Team
Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.
May 6, 2011 at 7:14 pm | FAQ
- Posted by admin |
Question:
I just discovered your website .
I am a PhD Candidate in English Education. My dissertation is almost done and I am waiting for the best time to graduate. Some people told me not to graduate or do OPT since I have to leave if I can’t find a job. I am facing a dilemma. Which way is better
1. maintain F1 status and do self petition on my own now ?
2. do self petition after graduating while I am doing OPT?
Answer:
It is possible to apply for a green card while on an F1 visa. However, there are risks involved.
Filing I-140 implies an intent to immigrate. Therefore you will not be able to renew your F1 visa. This is a problem if green card petition is rejected (either i-140 or i-485) or significantly delayed and in the meantime you still want to continue on an F1. So you should only apply if you are sure of i-140 approval and if you are sure that you do not need a F1 renewal before your 485 is approved.
In general it is a safer option to apply while on H1B.
You can see the
free e-book on our website and the USCIS NIW requirements.
Best of luck
Sincerely
Green card for Phd Team
Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.