Apply for EB1 /EB2 GC process while in H4 Visa


New Member
Hello Mr Khanna,

I am living in US since 2011 and i was working on L1 A till 2015 as the Manager.
After 2015, i was being maxed out in L1 A (used the visa for seven year as my earlier visa on L1 B) so i had moved to the H4 EAD visa from Sep 2015.
Since Sept 2015, i am working on H4 EAD in US and working as the Manager and i had experienced with the same employer as the manager outside US before 2011.
My current employer is willing to support my case of Green Card process , so please let me know can i file the EB1 while i am on H4 EAD status.

Since H4 EAD case is going in US Court, can i apply for H1 B visa or some other option so that my status will be independent of H4 Visa after getting the i140 approval ?

Please suggest.
Yes, this is possible as long as you meet all of the requirements for EB1.

First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This act allows non-immigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status.

Please see and