When can a H-4 visa holder start working once I-140 of primary H-1B holder is approved under EB-1 or EB-2


I have a job offer from a US national lab, my H-1B visa is under processing. I plan to file EB-1A or EB2-NIW via self-petition as I hold a PhD with 10 publications (citation count > 25) and 2 granted patents. My work is published in international journals and I have received prestigious fellowships (in Europe).

(1) What chances do I have for EB-1A /EB2-NIW (an estimate)

(2) If I-140 is approved, when can my spouse start working, as she will be on a H-4 visa by the time the decision on my application is made. We are Indian nationals, can she apply for EAD immediately after I-140 approval or wait till priority date becomes current ( 6-7 years).


Dear Kris,

You qualify for EB2 500% and your spouse can immediately start working once a decision is made. You dont need to wait for priority date if you have H-4.


Krishna Sharma

Trendz Visa