EB1 / EAD easy (?) questions

H

hyrvine

New Member
Hello,

I'm going to apply for the EB1 - EA green card. I currently have an O-1 visa and my husband is on H1-b.
I will file concurrently I-140 / EAD / AP / I-485 for both of us.
Couple questions:

1) Since there is no labor certification needed, neither employer sponsor for EA, is there a mandatory center where to file ? Or can I choose any center, even If I am currently working in NY.

2) If we get our EAD, and I use it. I know my O-1 visa will be voided. But will my husband's H1-b visa be cancelled too, even if he does not use his EAD ?

3) In the event my I-140 gets denied, can I re-apply for another I-140 on another center, or can my husband apply for I-140 ?

4) It looks like that with a non-frivolous I-140 application, any one can get an EAD and work for 1-2 years legally before I-140 gets denied. Is this assumption correct ?

Thank you for any help you can give !
 
hyrvine said:
Hello,

I'm going to apply for the EB1 - EA green card. I currently have an O-1 visa and my husband is on H1-b.
I will file concurrently I-140 / EAD / AP / I-485 for both of us.
Couple questions:

1) Since there is no labor certification needed, neither employer sponsor for EA, is there a mandatory center where to file ? Or can I choose any center, even If I am currently working in NY.

2) If we get our EAD, and I use it. I know my O-1 visa will be voided. But will my husband's H1-b visa be cancelled too, even if he does not use his EAD ?

3) In the event my I-140 gets denied, can I re-apply for another I-140 on another center, or can my husband apply for I-140 ?

4) It looks like that with a non-frivolous I-140 application, any one can get an EAD and work for 1-2 years legally before I-140 gets denied. Is this assumption correct ?

Thank you for any help you can give !
Click to expand...

1) You must file at VSC if you live in NY.
2) No.
3) No/Yes. Note that you can apply for I-140 in another category.
4) Yes, with today's processing. Note that they are now unusually long. 4-8 months was more common until recently. However, a denial will usually be preceded by an RFE, which will give you some more time.

Brian
 
You must log in or register to reply here.
Top