Can H-4 apply for EB -1?

[rkatare]

Hi,

I am currently on H-1 in NJ, and my spouse is on H-4 visa, She holds a PHD degree in organic chemistry from premium university india..

Can She apply for EB-1 independently (without employer)?

Thanks for your help.

[chtummala]

consult an attorney ..

if it is extraordinary ability category she can apply with out employer .. check more details who can apply ..

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=17b983453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=17b983453d4a3210VgnVCM100000b92ca60aRCRD

[JoeF]

Simply having a PhD doesn't mean a person can apply for a GC.

They would look at her publications, and with EB1-OR, she actually would have to have a job offer, e.g., for a faculty position.