Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.

Self Petition for Greencard under EB1A

My husband holds a PhD from India and he is working as a professor in India currently. He has many journal publications. I am planning to file his green card under EB1A category. Could you please let me know on the below:

(1) I am in H1 and my husband and daughter holds H4.Can GC be filed for my husband(self petition), myself and my daughter(dependent petitions) together? Is it advisable to do it together or separately?

(2) When GC process is in progress, will all of our existing visa (My H1 and my dependents H4) be still valid and can we travel in and out of US without any issues?

(3) We are planning to file under Eb1A category and will we get required help from this website if needed?

(4) How long does the entire process take?


One Response to Self Petition for Greencard under EB1A

  • Tigran Kalaydzhyan says:

    Hi Uma,

    Here are the answers in the same numerical order:

    (1) Your husband has to file I-140 petition on his behalf. If it is approved, then he can file I-485 for himself, for you and your daughter, so all of you become the permanent residents.
    (2) Yes, if your I-140 is pending, your visas will be valid, you can travel and, if needed, extend them. After you file I-485, you may not be able to travel for a couple of months, however, your presence in the U.S. will be legal even if your visas expire. While filing I-140 your husband has to decide whether he will be filing I-485 within U.S. or do the consular processing in India in case I-140 is approved. This can be changed in the process, of course, but will introduce unnecessary delays.
    (3) Yes, you are welcome to ask any further questions in this thread. You can also purchase do-it-yourself packets from this website and use them to file a successful petition. Our manuals and examples are based on real cases and real experience of filing the documents without a lawyer.
    (4) It depends on many factors, including the state of residence, premium processing and priority dates. For known to me cases it took all the way from 2 months to a year. There is a possibility of expediting the I-140 processing time from approximately 6 months to 15 calendar days by filing the Premium Processing form I-907 ($1225) together with I-140 or at any time while it is pending. The main uncertainty in your case is the recent change in the priority dates for Indian nationals (see the link below), meaning that even if I-140 is approved, you may have to wait few months until this date changes back to “Current”, so you can file I-485.

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