QUESTION
Can I apply for a green card while my university applied for a H1B visa extension?
Asked on Oct 30th, 2013 on Immigration - New Jersey
More details to this question:
I want to apply for a green card in the EB1A (Extraordinary Ability category) soon. However, my current H1B visa is expiring in February 2014 and my university is applying for a visa extension. Can I still apply for a green card? If yes, what I797 form do I need to submit, the existing one or the new one (once I get that)? Thanks and regards.
2 ANSWERS
Yes, you can apply for the EB1 at any time since it has nothing to do with the H-1B.
Answered on Nov 11th, 2013 at 7:44 AM
3 Awards
You CSAN apply for the Green Card while your H-1B extension petition is pending. You may want to consider the self-sponsorship provisions of the National Interest Waiver (EB-2). If you qualify for E1-1 them it is likely that NIW will be an option and since it is a lower legal standard then the E1-1 then your chances for approval are increased. The issue however with the NIW is that it is an EB-2 classification which means that if you are from India, China (or one of the other backlog countries) then the EB-1 may be a better (and faster) option. We highly recommend that you consider consulting with a qualified Immigration Law Professional before you "jump" into the green card process.
Answered on Nov 05th, 2013 at 3:02 AM