EB-1A premium processing or I-485 concurrent?

G

GC_luck2007

Registered Users (C)
I am new here.
My situation: Fresh US Ph.D. graduate (summer, 2006), H1B status, Publications 40- 10 first authored, Presentations 28
editor for one journal, associate editor for another journal, a guest editor for a special journal in our field.
I have two honor award from American Societies
I am members of 2 societies who need some publications like Sigma Xi.
I got 7 letters with 5 independent, three from outside of the US.
Citations around 200

In order to get my husband (H-4) EAD card to work in the US legally, which way is better, EB-1A PP or file concurrently for I 485 with EB-1, and apply employment authorization card for my husband concurrently?

From the forum’s information, it seems that I highly likely get a RFE if I file PP or maybe get denied. If I file I-485 concurrently, my husband can work with his EAD card and may have chance to apply H-1B for 2008 if he find an employer who are willing to file for him. However, my lawyer highly suggest that I file I-140 PP instead of filing I-485 concurrently. Her logic is that if my case get denied, then my husband can’t work legally any more.

My lawyer will file my case soon, thus I kindly need your comments on this. Any comments are welcome. Please!!!
 
GC_luck2007 said:
I am new here.
My situation: Fresh US Ph.D. graduate (summer, 2006), H1B status, Publications 40- 10 first authored, Presentations 28
editor for one journal, associate editor for another journal, a guest editor for a special journal in our field.
I have two honor award from American Societies
I am members of 2 societies who need some publications like Sigma Xi.
I got 7 letters with 5 independent, three from outside of the US.
Citations around 200

In order to get my husband (H-4) EAD card to work in the US legally, which way is better, EB-1A PP or file concurrently for I 485 with EB-1, and apply employment authorization card for my husband concurrently?

From the forum’s information, it seems that I highly likely get a RFE if I file PP or maybe get denied. If I file I-485 concurrently, my husband can work with his EAD card and may have chance to apply H-1B for 2008 if he find an employer who are willing to file for him. However, my lawyer highly suggest that I file I-140 PP instead of filing I-485 concurrently. Her logic is that if my case get denied, then my husband can’t work legally any more.

My lawyer will file my case soon, thus I kindly need your comments on this. Any comments are welcome. Please!!!
Click to expand...

Your attorney is correct.

If you file concurrently 140/485 you will get EAD for your husband certainly then he can start doing work. Once your husband starts using his EAD he will be no longer holding nonimmigrant status (H4). By any chance if your 140 is denied that will lead to denial of 485. Consequently your husband will become OUT OF STATUS.

YOu apply first I-140 and then see the result.

Good luck
 
Is H-4 dual intent?

Thank you, madgu-gc2005. Is H1B dual intent? If so, I think H4 is dual intent too. I think if my husband stop working if my I-140 denied, he should be OK to stay in the US. If he happended to find a job and gets his H1B approved, we will be luck. I know somebody file I-140 and 485 concurrently. They didn't have such concern? Anybody have such experience?
Now I am really confued.
Thanks again.
 
Sorry for this of off topic response but I can’t suppress my curiosity anymore … It’s really amazing to see your credentials!! 40 papers, 28 presentations during PhD considered being really extraordinary … in which field are you working? I wish to be in that field and working with you ! … just can’t imagine a fresh phd sitting on a editorial board … wish I could have your credentials !!

anyway don’t worry about other complications as your case will be treated specially and will be approved as soon as u apply ! good luck !
 
it's normal in our group

I am in human statistical genetics field. 40 paper is all coauthored paper. Among them, I have only 10 first-authored paper.28 presentation is all abstracts that I am coauthored. Thus, I think that's pretty normal. As for editoral board, I don't know how the editor-in-chief get my email, maybe because he knows the guy who invite me to write a chapter for their book. They have two new journal in our field, and they send me an inviation. I sent my CV and then I am in their editoral board.

Hopefully, I will have good luck for my EB1A

pana said:
Sorry for this of off topic response but I can’t suppress my curiosity anymore … It’s really amazing to see your credentials!! 40 papers, 28 presentations during PhD considered being really extraordinary … in which field are you working? I wish to be in that field and working with you ! … just can’t imagine a fresh phd sitting on a editorial board … wish I could have your credentials !!

anyway don’t worry about other complications as your case will be treated specially and will be approved as soon as u apply ! good luck !
Click to expand...
 
You are right. madgu-gc 2005. I will apply I-140 PP first. do you know how can I enhance my chance that my case go to TSC instead of NSC?

QUOTE=madgu-gc2005]Your attorney is correct.

If you file concurrently 140/485 you will get EAD for your husband certainly then he can start doing work. Once your husband starts using his EAD he will be no longer holding nonimmigrant status (H4). By any chance if your 140 is denied that will lead to denial of 485. Consequently your husband will become OUT OF STATUS.

YOu apply first I-140 and then see the result.

Good luck[/QUOTE]
 
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