EB1-OR: AOS or CP? 2 yrs on H1 remaining.

V

viven

New Member
Hi All!

My husband needs to apply for a green card in the EB1-OR category at TSC.

Details: He holds a tenure-track position at a fairly good univ, and has a PhD from a top school. Abt me: I have a PhD and am doing a postdoc (on EAD now, thru' F1-OPT.

I have benefited a lot by going through the posts on this forum, and was wondering if someone could clarify the following:

1. He has only 2 yrs remaining on his H1 now. In this case, would it be best for him to file I-140 + I-485 concurrently and apply for an EAD for both of us? Or shld we file for I-140 + CP (since it is generally faster). He has no intentions of changing his job for the next 4-5 yrs at least. I will be looking for another job in a year or two.

I realize some of these issues have been discussed at length in this forum before. I went through the posts, but would like to know what you guys think for our case. Thanks a lot in advance.
 
Maybe keep your H1?

One thing you could do is this:

Apply for AOS, and get an EAD/AP, but don't actually use them. Instead, continue working on an H-1B.

There are a number of advantages to this. Firstly, if your I-140 is denied, and you are working on an EAD, then you fall out of status. On the other hand, if you have maintained H-1 status, then you have the time to refile.

Secondly, working in H-1 status gives you the freedom to change from AOS to CP if things are looking like they will take too long.

If you are using an EAD, and you decide that for whatever reason you need to do CP, then as soon as you apply for CP, your I=485 is abandoned, and your EAD invalid. However, if you are using an H-1, you can abandon your I-485 for CP, yet remain in status.

Bear in mind that you will probably be able to extend the H-1 beyond 6 years when the AOS is pending.

I agree that the safest (and easiest) thing to do is to wait it out for the AOS to come through. but if you use the EAD, you leave yourself without any Plan B.

This is playing a little game with the system, but it is a result of the interminably long processing times.

It is what I am doing.

Good luck.
 
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