Spouse on EB-1B

[kga1978]

Hi All,

My wife and I have been in the US on J-1/J-2 visas for almost four years now. We are considering staying after our visas run out (end 2013) and I will probably be applying for an EB-1B visa. I have a PhD in natural science from University of Cambridge and now work at Harvard. My question is this though:

Q1: If my EB-1B GC is approved, will my wife automatically get a GC as well so she can stay and work here? (she currently work and would be looking at keeping that job - she will not be able to get sponsorship for her own visa/GC though).

I have seen various answers to this question ranging from, 'Yup, she'll get that automatically', to 'She can apply for an AOS'. If the latter is the correct answer, any idea how long that would take before she would be able to work?

Q2: Our J visas run out Jan. 2014 and I would be looking at starting a new position in the summer/autumn of 2013. How soon should I start the application process?

Q3: Would there be any point in applying for an EB-1A instead? I have multiple publications, keynote talks and have won some prizes during my PhD (e.g. 'Outstanding Graduate Research'), but I am a far-cry from getting a Nobel prize (which the USCIS mentions themselves). I guess Harvard/Cambridge should also put me further up the list, but I don't have a good sense of what is really required.

Any help would be greatly appreciated.

Thanks in advance - I have learned a lot from this forum already.

 

[Jackolantern]

Q1: If my EB-1B GC is approved, will my wife automatically get a GC as well so she can stay and work here? (she currently work and would be looking at keeping that job - she will not be able to get sponsorship for her own visa/GC though).

Adults cannot get green cards automatically. But she would be eligible to apply for adjustment of status along with you, as your derivative beneficiary.

Q2: Our J visas run out Jan. 2014 and I would be looking at starting a new position in the summer/autumn of 2013. How soon should I start the application process?

Apply for adjustment of status before your J status runs out. You also need to secure a waiver if your J visa is subject to the 2-year home residence requirement.

Q3: Would there be any point in applying for an EB-1A instead? I have multiple publications, keynote talks and have won some prizes during my PhD (e.g. 'Outstanding Graduate Research'), but I am a far-cry from getting a Nobel prize (which the USCIS mentions themselves). I guess Harvard/Cambridge should also put me further up the list, but I don't have a good sense of what is really required.

We don't know the details of your accomplishments, and the EB-1A evaluation process relies on very extensive evidence, so we can't say what your chances are based on such limited information.

 

[kga1978]

Hi Jackolantern,

Thank's for the helpful replies. Just a few followup questions:

Adults cannot get green cards automatically

Is this really correct? My understanding was that wives and children (we have none) would automatically be covered? But again - I'm unsure about the wording. If we apply for AOS at the same time on my EB-1 GC application, would we get the status change at the same time (i.e. once I am allowed to work, she would be allowed to work)?

Apply for adjustment of status before your J status runs out

Any idea what the processing time is? I don't need the waiver as we are not subject to the two-year home residency rule.

Thanks

 

[Jackolantern]

Is this really correct? My understanding was that wives and children (we have none) would automatically be covered? But again - I'm unsure about the wording. If we apply for AOS at the same time on my EB-1 GC application, would we get the status change at the same time (i.e. once I am allowed to work, she would be allowed to work)?

Your spouse and children being automatically eligible for a green card is not the same thing as automatically getting the green card. Your spouse can apply for AOS as your derivative beneficiary -- it's not automatic, it's a process which requires a separate AOS (I-485) application for each person.

For eligibility to work during the AOS process, both you and your spouse must apply individually for employment authorization. Your employment authorization doesn't make your spouse eligible to work -- your spouse needs a separate employment authorization card.

Any idea what the processing time is? I don't need the waiver as we are not subject to the two-year home residency rule.

About a year to 18 months, end to end.

 

[kga1978]

Thanks for all the replies - that's super helpful and I now have a much better understanding of the process. One last question - lets say that our J-1/J-2 visas run out before the I-485s have been approved - would we have to leave the country until approved or can we stay in-country and continue to work (as long as we have authorization)?

Once again, thanks for all your help!

 

[Jackolantern]

If you file the I-485 before your J status expires, you'll be allowed to continue staying in the US legally until the I-485 is decided.

Note that if your I-140 is not approved as EB1 and you need to drop to EB2 or EB3, the time frame could stretch out to 5 years or more, depending on what country you're from. And you may be unable to file the I-485 before your J status expires.