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Employer of mu husband has applied for h1 and me and my son will be on dependent. its almost three months now but there is no

Macon, GA |

response. i am an advocate from last 5 and half year and have eight years of experience. am i eligible to apply for eb2? can i apply before the response of h1 b come? in case if my eb2 gets rejected can i continue to stay in h4. in case if my eb2 is approved then is it possible tht my husband become my dependent after h1 b response?

Attorney Answers 2


You can always upgrade the H-1b to premium processing using from I-907 and paying the fee if you seek a quicker response. In terms of qualifying for EB-2, more information is needed, specifically if you have a 3 or 4 year baccalaureate or other higher degrees before you obtained your experience. Generally EB-2's will require substantial academic degrees, it just depends. Also, unless you are seeking a National Interest Waiver (NIW), you cannot straight file and EB-2 immigrant petition.

Ricky Malik, Esq.

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