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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.

Follow up question on OPT and H1B green card

Question

This would be third email to you guys. Since I am writing after a while I thought of having the email thread history. Probably I will drop it in the next one :-)

As a quick recap, my OPT extension expires on 05/21/2015 and my current employer did start the H1-B process for me. My wife still a student on F1 did not want to switch visa status as she won’t be able to do an internship with H4. Anyhow, I waited until this H1-B decision was finalized from my employer. My plan is to prepare my petition and file it on 05/22/2015. Is that a good idea? And I plan to file it for both of us. I guess I still can file it for both of us? Also how about including parents in the self petition GC application? Is that a possibility? Now I get to my more important and directly relevant questions for the time being.

1). I need to decide which category that I should apply. From what I read those are EB1A and EB2 (NIW). If I go to USCIS web page, those are now called E11 and E21 respectively.

2). I skimmed over the sample petition for EB1A at: http://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Request%20for%20Evidence%20%28RFE%29%20Template%20for%20Comment/E11_RFE_Template_1-10-11.pdf

The same 10 criteria as noted in your booklet still applies.

3). I also skimmed over the criteria for EB2 at: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

Its still the same information.

I am now trying to decide under which category that I should apply. Thus the following questions.

1). Can I send two petitions at the same time under those categories?
2). If so I guess that would only double the I-140 filing fee?

My next questions are related to matching my qualifications under both categories. I kindly want to hear your opinion on that. For that I will start a new email thread. My hope is to get a good template out from your team. I will make necessary payments as described on your website.

I greatly appreciate your help.

Answer

Before we answer your questions, please let us know the name and date on our booklet you are using. This will help us point you to the latest information. 
 
Your questions are answered below. 
 
Primary applicant is the only one who files for I-140. Primary applicant and all dependent family members (spouse and children) can files for i-485 to get green cards. 
 
Let us know the booklet you are using so that we can tell if you have the latest information. E11 is same as EB1A and E21 is same as EB2-NIW. All information on our website is current.
 
1. You can send two i-140 petitions in two different categories (EB1A and EB2-NIW) and it is not a problem with uscis. There are advantages (easy to ask two sets of reference letters, overall time taken  is shorter, should one be denied other may work) and disadvantages (over all more effort and cost).  Chinese and Indian nationals tend to two applications because of visa number availability. Others tend to pick the category where they are likely to succeed. 
2. Yes the I-140 filing fee will double. 
 
Sure send us your CV.
 
Best wishes
GCforPhD

 

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