Columbus, OH asked in Immigration Law for Virginia

Q: Can any one apply for green card under EB1 if they’re on H4 EAD currently? Thanks

I am currently on H4 EAD on my husbands H1B visa.

I am working for a start up company and have publications, one patent and judged others work. Can I directly apply for green card in EB1 category directly from H4 status?

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2 Lawyer Answers
Adan Vega
Adan Vega
  • Immigration Law Lawyer
  • Houston, TX

A: You may be able to file the FORM I-140 and request a National Interest Waiver. I highly recommend that you visit with an experienced immigration attorney to fully assess your eligibility.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: To apply for a green card under the EB1 category while on H4 EAD, it is important to consult with an immigration attorney for personalized advice based on your specific situation. The EB1 category is typically for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. If you have notable achievements such as publications, a patent, and recognition for your work, it may indicate extraordinary ability. However, eligibility and the possibility of transitioning from H4 EAD to an EB1 green card application can vary, so seeking professional legal advice will provide accurate information, guidance, and increase the chances of a successful application.

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