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I-140 application while on AOS

Published Jan 7,2012 By GCforPhD

Question:
I have been currently working as an Adjunct faculty in various local and private colleges. I have recently applied for PhD program with an Online Univ. My current status is AOS -EAD based of my spouse’s sponsorship. We’re getting separated and as soon as this gets finalized, I will be not be able to retain my AOS or EAD status.
My question is;

Can I file on my own as a Phd student or this only works with PhD holders?

Answer:
Anyone with or without a phd can also apply. If you plan to self-petition, a successful petition has to meet the uscis criteria for niw or eb1a. PhD’s have a better chance because they are more likely to meet these criteria. If you are able to concurrently file a i-485, you can get a new AOS status. There may be a possibility of transferring your existing AOS  application to your new i-140, however we are not experts at this.

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