Can EB1 be filed for a person having EAD work status

[nana135]

Hi ,

I work in USA on H1 status and got I-140 approved recently, I am planning to file EAD for my wife because she got offer from her previous Indian employer in the USA. She was working in India as manager till Aug 2015. Can she file EB1 for herself while working on EAD.

Thanks

[JoeF]

EB1 requires a job offer (except EB1-EA, Extraordinary Ability), so the employer has to file it.

 

[nana135]

Got it. thatnk for you reply.

she will fall in EB-1C category. Her salary is not that great, Will that be any constraint in the approval of EB1 ?

[pontevecchio]

Have her discuss her credentials with say the firm of Murthy instead of making assumptions which may or may not be true.