EB1 eligibility via Patents

[chintakk]

• My EB2 PD is Sep 2010
• I have 2 MS degrees from US universities.
• 3 yrs back I received 2 patents from Company A
• Is it possible to hire an attorney and file for EB1 using 2 patents and MS degrees ?

[care_candidate]

There are two separate questions here. And several points you are missing.

1. Can you file EB-1?

There are specific requirements to be eligible for EB-1 category. These are explained here. 

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

After reading, you can see it is for person with extraordinary ability in his/her field (Scholar/Professorship/medals...). Your 2 degrees are do not cover under this criterion. Patent may be something that can help but understand that they check meticulously in order to qualify you for EB-1.

2. Can you file with parents?

Important thing to note is that EB means employment based and filing with parent is family based.

Are you trying to sponsor your own parent to Green Card? You cannot without having US citizenship.

Are they filing on their own by adding you as dependent? Most likely not. This is because first, you are not dependent, second only spouse can be filed under this (ie. Primary beneficiary I-140 and add spouse as dependent), third they cannot file on their own unless they qualify for other categories such as Investors (EB-5), Religious (EB-4)...etc.

I am assuming that you are EB-2 from India. Then, if you stay in EB-2 boat, you will apply for I-485 when date becomes current, which, most likely in next two years (earlier if Date of filing speeds up and remains usable). You can still talk to attorney for EB-1, that can get you Green Card in about next 2 years as those dates are behind about 2 years too but fluctuate constantly.

[xTDx]

May be. Your best bet is to consult with immigration attorneys who deals with EB1-A based applications.