H1 status and EB1/2 application

ePhy

Registered Users (C)
Hello Folks:
I was wondering if someone could apply for EB-1/2 with H1 status but not H1 stamped in passport.
Thanks
 
Reza-EB2 NIW said:
I might be able to help you. What is your question?

Thanks!!!
Right now I'm on an OPT. My univ. is going to file for my H1 this month. Once I get H1 status, can I immediately apply for greencard in EB-1/2 category or do I have to go back to home country and get H1 stamped in passport before I can apply for greencard. I hope you get my question.
 
ePhy said:
Thanks!!!
Right now I'm on an OPT. My univ. is going to file for my H1 this month. Once I get H1 status, can I immediately apply for greencard in EB-1/2 category or do I have to go back to home country and get H1 stamped in passport before I can apply for greencard. I hope you get my question.


Yes, You can apply.

For EB1, your university has to sponsor/sign the petition
For EB2 you can sign yourself.

To determine whether you can do EB1 or EB2 depends on your case (like papers, experience, area of research etc..)
 
ePhy said:
Thanks!!!
Right now I'm on an OPT. My univ. is going to file for my H1 this month. Once I get H1 status, can I immediately apply for greencard in EB-1/2 category or do I have to go back to home country and get H1 stamped in passport before I can apply for greencard. I hope you get my question.

yes, you can difinitely apply without any bounderies. EB1-EA and EB2-NIW for yourself. Do not need university sponser/sign anything at all. This is independent.

For EB1-OR/EB2-LC you need university sponser/sign.
If you post your credentials then some of our members can provide some advice.
good luck.
 
2006Hunter said:
yes, you can difinitely apply without any bounderies. EB1-EA and EB2-NIW for yourself. Do not need university sponser/sign anything at all. This is independent.

For EB1-OR/EB2-LC you need university sponser/sign.
If you post your credentials then some of our members can provide some advice.
good luck.

Thanks for the guidance!!! I really appreciate all the help.
Following are key highlights from by bio.
PhD from US, post-doc fellow from past 6-mos. in neurosciences
10-papers, 1-review article, 1-book chapter so far
Dept might create a "permenant" position for me, not 100% sure right now
 
ePhy said:
Thanks for the guidance!!! I really appreciate all the help.
Following are key highlights from by bio.
PhD from US, post-doc fellow from past 6-mos. in neurosciences
10-papers, 1-review article, 1-book chapter so far
Dept might create a "permenant" position for me, not 100% sure right now

your resume looks fine to me
but ask yourself
how about its impact?
how about its national interest?
How many letters of support you can get?
How many citations you have?
how was your review received?
did this work phD/postdoc fetch you any awards?

based on answers you can chose criteria....................
 
Eb1doc has raised valid queries. Also as someone said EB1-Eb2 does not require a permanent position or the employer to sign anything. So you are good as long as you think you have a strong case which I think you have. The key...reccos....from big places and lots of them (7-8).
 
Thanks for the valuable info!!!
So I guess next step should be getting an H1 status irrespective of position.
 
kulbikr said:
Also as someone said EB1-Eb2 does not require a permanent position or the employer to sign anything.

A little correction... That statement applies only to EB1-EA and EB2-NIW. I-140s in the rest of EB1 and EB2 categories have to be filed by an employer.
 
Top