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Self-petition while on a H4 visa

Published Jul 27,2015 By GCforPhD

QUESTION

hello sir,
 
hope you are doing well.
 
let me explain my-self in brief.
 i am going to complete my phd by end of jun-2016.
i am on h4 visa now,i am thinking to apply for Green card directly. is it possible?if yes can you state the steps?and which categories suits to me for green card?how long will be it take?
 
thank you .
 
ANSWER
 
You can apply for greencard at any time as long as you staisfy the USCIS requirements listed for EB1a or NIW. Please see the following listed links if you have any questions. Since you are on a H4 visa, your status should not cause any concern for the application.
 
The application process is described in this link.
 
 
Best wishes
GCforPhD
 
QUESTION
 
Thank you so much for reply .
 
may i know if i apply for green card in EB2 category how long time it will take?
 
thank you.
 
ANSWER
 
Priority dates for China and India are retrogressed. From latest visa bulletin these dates are 01JUN12 and 15APR08 respectively. If you are born in these countries, USCIS is currently processing I-485 from those dates. I-140 approval is quick typically less than 3 months. 
 
If you are not born in these countries or plan to apply in EB1a then the total processing time can be between 4 months to less than a year. You can find processing times on USCIS page.  
 
Best wishes
GCforPhD
Posted in Self Petitioning
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Sudhir Ranshing
Sudhir Ranshing
2 years ago

Hi I am Ph.D holder with 26 years of work experience in India and came to US on H4 Visa, If I do self Petition EB2-NIW will i be able to work ? Can we file EAD at the same time ? or will it require I-140 to be approved first and then I can file for I-765 along with I-485 ?

BlogSupport
BlogSupport
2 years ago

I think it is a duplicate post. You inquired about similar matters on Dec 27. Let us know if you were born in India, because it affects the outcome, see the Visa Bulletin:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html

Tito
Tito
9 months ago

I am on H4, and I have an approved EB-NIW I140. i want to apply for employment authorization since my priority date is not current. How will this be done? I am the one with the I140 approval, not my H1B spouse so I cannot use that route.

BlogSupport
BlogSupport
9 months ago
Reply to  Tito

I am not aware of the way you can receive employment authorization in your situation. Please consult with a qualified attorney when in doubt. You may also be able to use your spouse’s priority date if it’s current.

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