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General question

Published May 15,2011 By GCforPhD

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

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