waiting on eb2, should i apply for eb1 through spouse?

[Bpositive]

Any advice folks?

My EB2 (india) PD is Dec 2004. I-140 approved. I-485 applied and pending. working on EAD.

My spouse is a Phd in biology working in a cancer therapeutic company. May be eligible for EB1- under outstanding researcher quota.

Does it make sense at this point to pursue a new EB1 application with my spouse as primary?

Thoughts?

[Dhundhun]

EB2 Dec 2004 might be several years. It is now money matters. Filing EB1 is going to cost, but it can get you GC in a year.

If you are happy with current employment and likely to be OK for few years then it may not be worth while spending that money.

Having said so, as an example, I did not apply EAD for my wife to save $190. The lawyer took full filing fee, no discount except filing fee of EAD (which was $190). When having SSN became necessity and I wanted to apply for EAD, he asked $850, and so did self e-filing ($340). So in your case also, you never know, Situation might arise that you regret not filing EB1 and might arise you regret wasting money on EB1.

[pointlesswait]

i dont get it!!!
if u can get ur GC in a year..why ask so many questions!!!
even if u are happy withur employer..just get ur GC ASAP!!!
i would take it!
Getting a GC in 1 year = $8000
Nothaving to wait for visa bulletins = Priceless!~;-)

[milind70]

Originally Posted by Bpositive

Any advice folks?

My EB2 (india) PD is Dec 2004. I-140 approved. I-485 applied and pending. working on EAD.

My spouse is a Phd in biology working in a cancer therapeutic company. May be eligible for EB1- under outstanding researcher quota.

Does it make sense at this point to pursue a new EB1 application with my spouse as primary?

Thoughts?

I would suggest you to for EB1 as it opens up another channel which will definately move faster than the other categories. I think money aspect which is stated by other posters should be secondary because when push comes to shove we spend money like water to get out of the situation. I think it make sense to spend the money to get into a category whihc will get the Green card in around a years time . I would definately consider that option.

[Bpositive]

Your responses have helped bring some clarity in my decision making....

The process for EB1 - outstanding researcher is not that simple. The I-140 application is complicated and takes a lot of work. Approval probability is 50/50. And even with approval/interfiling etc...we are looking at 12-18 months for final GC approval. And it costs around $6K or so.

The question to ponder is whether with a Dec 2004 PD, we can get the GC in 18-24 months?

[kumarc123]

Originally Posted by Bpositive

Any advice folks?

My EB2 (india) PD is Dec 2004. I-140 approved. I-485 applied and pending. working on EAD.

My spouse is a Phd in biology working in a cancer therapeutic company. May be eligible for EB1- under outstanding researcher quota.

Does it make sense at this point to pursue a new EB1 application with my spouse as primary?

Thoughts?

Hello there,
I am in a similar situation, my wife has applied for our greencard EB2 India, and she teaches in a university. Now before you make a swap in your EB category, you should question yourself, is your wife ready to sign a tenure contract with the university? It is one of the requirements forEB1, to have a tenure track. My wife has some research articles published, is part of a professional association and has presented in international conference. But the only things which is stopping us from applying for EB1 is the tenure, If I was you, I would consider it in a way which is feasible for my family.

[sotaz]

Originally Posted by kumarc123

Hello there,
I am in a similar situation, my wife has applied for our greencard EB2 India, and she teaches in a university. Now before you make a swap in your EB category, you should question yourself, is your wife ready to sign a tenure contract with the university? It is one of the requirements forEB1, to have a tenure track. My wife has some research articles published, is part of a professional association and has presented in international conference. But the only things which is stopping us from applying for EB1 is the tenure, If I was you, I would consider it in a way which is feasible for my family.

I am tenure track, R1 flagship state univ, US Phd etc and all that you mentioned. I don't think that is enough - at least that what my intl. office said when initially applying.
A close friend of mine is also EB2, same situation - eveything about him is Ivy league - still EB2.

[masterji]

I am also thinking applying in EB1. I am prof (tenure track) too. What happens with my pending 485? Do I have to apply for 485 again? Or can I use my old EB2 485? Thanks guys.

[Leo07]

I had a similar chance and I lost it...couple of years ago. Now, If I were you...I'd apply. It's NOT worth the wait in line...

Best of Luck!

Originally Posted by Bpositive

Any advice folks?

My EB2 (india) PD is Dec 2004. I-140 approved. I-485 applied and pending. working on EAD.

My spouse is a Phd in biology working in a cancer therapeutic company. May be eligible for EB1- under outstanding researcher quota.

Does it make sense at this point to pursue a new EB1 application with my spouse as primary?

Thoughts?

[PBECVictim]

Hello,

Are you working on EAD? Do you have H1 status? You should maintain some non-immigrant status to file under EB1. If you have used EAD already, that means you are in the AOS pending status.

Talk to a good attorney before taking any decision.

[masterji]

Originally Posted by PBECVictim

Hello,

Are you working on EAD? Do you have H1 status? You should maintain some non-immigrant status to file under EB1. If you have used EAD already, that means you are in the AOS pending status.

Talk to a good attorney before taking any decision.

Thanks. I did not know about this.

[bindas74]

Originally Posted by PBECVictim

Hello,

Are you working on EAD? Do you have H1 status? You should maintain some non-immigrant status to file under EB1. If you have used EAD already, that means you are in the AOS pending status.

Talk to a good attorney before taking any decision.

I am planning to apply in EB2( I have about 10 years progressive experience in the US as well as a Masters from a US university.....I just cant take this EB3 bulls*** anymore)

So, is it true that if I mve to EAD, I cannot apply for EB2 again?( I am still on H1B though)

Also, just hypothetically, if my new EB2 petition gets rejected , will my current EB3 petition gets affected in any way? Can some one please clarify?

[unseenguy]

Green card is for a future job. Current status does not matter as long as you are not illegal and past 90 days on F1.

[meridiani.planum]

Originally Posted by PBECVictim

Hello,

Are you working on EAD? Do you have H1 status? You should maintain some non-immigrant status to file under EB1. If you have used EAD already, that means you are in the AOS pending status.

Talk to a good attorney before taking any decision.

do you have a reference for that? I think its ok to file another AOS even if you are already in AOS. Happens in many cases:
- one AOS alredy filed as primary, file a second one in secondary
- one already filed under EB, file a second one in FB
etc...
can you post some link that says that you cantfile another AOS if you are already under AOS?