QUESTION

I am currently on H1B visa and I have an I-140 approval for my EB2 green card application. In the future I am planning to apply for EB1A green card.

Asked on Mar 19th, 2025 on Immigration - New Jersey
More details to this question:
I am currently on H1B visa and I have an I-140 approval for my EB2 green card application. In the future I am planning to apply for EB1A green card. Can I do so without being employed and from outside the country ?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
We have many EB-1A applicants who make their applications from outside the US and are successful. Being in the US is not required for such an application. Being employed in your field of expertise at the time of application is not a strict requirement, but is a factor. Emphasis in an EB-1A case is on whether the individual can prove that he or she is an alien of extraordinary ability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 04th, 2025 at 5:30 PM

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