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Attorney_22

Self-Petitioned Green Cards

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This week, the Murthy Law Firm attorneys will answer questions relating to self-petitioned green cards.  

 

An article on the subject can be found at the following: http://www.murthy.com/2015/11/24/self-petitioned-employment-based-options/.  

 

Rules for Topic of the Week Threads:

 

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

 4. Please do not provide information which would identify any specific company, university or individual. 

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Hi,

 

I am working on H-1B and my 6 years on H-1B expires in January 2017. 

 

I am married, and my wife is a PhD in Biomedical Engineering. We are filing her GC in EB1A category by Feb 2016.

 

1. Being a spouse, can you guide me how will that take care of my legal status post - Jan 2017?

2. On her I-140 approval, can I get the benefit of applying for EAD Work Authorization?

3. And do I need to file H-1B extension in that case?

4. When is it that, I will be independent off H-1B, is it after our I-485 is filed?

 

Need your help. 

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1. A concurrent filing of her I-140 with AOS and EAD/AP application would also enable you to apply for AOS, EAD/AP.

2. EB1 has no wait. Hence a concurrent filing will get you the EAD/AP and GC eventually. A filed AOS keeps you legal to stay.

3. see 1 and 2.

4. Once you get your GC or once your AOS is on file and then you receive the EAD, you are not obliged to extend the H1 which in any case you may not be able to do unless you have a PERM pending 365 or approved I-140.

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Hi,

 

I am working on H-1B and my 6 years on H-1B expires in January 2017. 

 

I am married, and my wife is a PhD in Biomedical Engineering. We are filing her GC in EB1A category by Feb 2016.

 

1. Being a spouse, can you guide me how will that take care of my legal status post - Jan 2017?

2. On her I-140 approval, can I get the benefit of applying for EAD Work Authorization?

3. And do I need to file H-1B extension in that case?

4. When is it that, I will be independent off H-1B, is it after our I-485 is filed?

 

Need your help. 

1. As the spouse of an EB1 filing, you are eligible to file your I-485 concurrently with your spouse. Therefore, you may either have your green card or be in a period of authorized stay after January 2017.

 

2. Potentially yes, however if filing an I-485 you are eligible to request an EAD on that basis. You should speak with your attorney regarding the strategy.

 

3. Generally it is advisable to maintain your nonimmigrant status while the AOS is pending. However you should speak to your attorney regarding this to determine what options are available and the recommended approach.

 

4. Depends on your strategy and limitations based on your specific circumstances.

 

Determining the best approach generally requires weighing all the options based on an individual’s specific circumstances and goals. Therefore, consider the above information and consult with your attorney prior to making any final decisions.

 

Good Luck! 

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hi,

I had started the above topic and my pofile is as it appears above - so in short, I have my received my GC-EAD through my wife's EB1-A self petition. After her I-140 was approved we concurrently filed for AOS. 

So, I got my GC-EAD in Jan 2017 and it expires on 01/02/2018 and therefore I would have to apply for the renewal. I got the following questions about it: 

1. Will i be eligible to work post 01/02/2018 if I do not receive my renewed EAD card? I heard there's been a rule change recently where you are allowed to work for 180 days after EAD expiration date as long as your renewal application is pending. Please advise. 

2. Is there a filing fee for the renewing the EAD? also what all documents we need to provide with the I-765 form?

Your reply will be greatly appreciated! 

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