Can I apply in EB1 when EB2 is already applied for?

[kishor_saitwal]

I am a PhD graduate from US university and I work for a small company on H1-B visa. Our company lawyers have filed my GC application in EB2 in Feb 2009. (I tried to convince my employer that they could easily apply in EB1. But being a small company, my employer relied on our lawyers, who seemed to play it safe!?)

From the current speed, I do not see getting my GC anytime soon and I was just wondering if I should send in another GC application in EB1 myself. I have two questions: (1) Can I apply in EB1 when EB2 is already applied for? If yes, does it pose any problems to any of the two applications? (2) How different and difficult is it to apply for GC through a private lawyer?

Thanks in Advance...

[kishor_saitwal]

Does anybody have any answer to my question? Thanks.

[bensfish]

From what I know, you fall into a category EB-1 or EB-2 is based on the requirements of the job, NOT your experience. So, if the job only requires a Master degree and you hold a pH D, then you fall into EB-2, not EB-1.
You can use a private lawyer to file your Labor Cert, but the fee has to be paid by your employer, not you. That's what I know. Hope this will help. Good luck

[brendafu]

Eb-1 & eb-2

Hi,

My understanding is if you have PhD, you are qualified to apply GC by yourself without going through Labour Cerificate (LC) petition /company sponsorship. I heard that some cases who have outstanding academic backgrounds with international publications or research papers, since they don't need to go through LC petition, it took less than 6 months for them to get GC. Pls consult with private attorney to see whether you are qualified for EB-1

Also, it really depends how soon you want your GC done, the earlier is the better. The whole application process for category EB-1 should be faster than EB-2 if the process goes smooth. For EB-2, it usually takes at least 2-6 years depending which country you were born.

Good luck to you

PT