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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Applying under EB1A category while H1B visa expires

Question:

I am planning to apply for my green card in EB1 category as I have my PhD from USA and a record of several publications. My current employment will end by this month and I do not have the next job. So if I apply for my green card before this job ends DO I qualify to stay in USA without a job? My H1B visa is valid until February of 2012. My lawyer told me that if we apply for green card before then that gives me the right to stay in USA and on parole I should even be able to travel. Any insight from you will be very helpful.

Answer:

EB1A (extraordinary ability) is a self-petition category and it is not tied to any employer or sponsorship. If the priority dates, when you apply are current, you will be able to simultaneously apply for I-485 along with the I-140 green card petition. Pending I-485 is a legal status in the US and you will be eligible to apply for EAD and advanced parole (AP) also. With EAD you will be able to work without any visa and with AP you will able to travel abroad. When I-485 is pending, you can stay in this country even without any job.

Please see the free e-book at the following website for detailed explanation of self-petition process.

Best of luck

Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

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