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EB1A – PhD & Lecturer

Published Nov 7,2016 By Anuj

Hi,

My wife is a PhD in Electronics Science from Delhi University and currently is a Guest Lecturer in Delhi University. Now she is joining me on H4 visa. We want to process her a EAD/H1B visa, so she can also work here in field in academics (University). She also have 2 papers published in very reputed journals with very high impact factor. And few conferences. I need to know:-

1) Will she able to process for EAD without any permanent Job.

2) What are the documents required.

3) What is the process we can follow to start it. And how much it would take to get the GC after EAD is approved.

 

Thanks a lot,

Regards, Anuj 

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Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago

Dear Anuj,

In general, the academic institution that hires your wife should do all (or most of) the paperwork regarding H1B, like, presumably, in your own case. They will tell her about all necessary documents.

Regarding, EAD, your wife is not eligible for EAD, except some special cases, such as (see the link below)
[*] If I-140, petition for immigrant worker, was approved for you, or
[*] Your employer has Perm Labor Certification I-140 filed for you at least one year prior to the end of the 6th year of your H1B status.
https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses
If one of the above is correct, she can file I-765, see instructions below
https://www.uscis.gov/i-765

The EB1A green card does not depend on EAD or the time in present status. It also does not come automatically, there is a petition that can be filed. Please familiarize yourself with the information on this website and feel free to ask any further questions.

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