EB1-EA application with H1B

[bb1234]

Hi,
I am being recruited by a US hospital, they offer an H1B visa. Based on my prior research I would qualify for an EB1-EA green card. My future employer says that they would eventually apply for EB1-EA but they are not willing to do it now (probably because they think I would quit once I get my green card). I do want to convince them that they should apply for a green card, but I do not know if they are legally able to do it.
Questions are:
1. Can I apply for EB1-EA at the same time as the H1B? The EB1-EA requires documentation of my research production, and of lack of availability of equally qualified Americans. Can they adjust the recruitment process so that it fulfills the EB1-EA criteria?
2. If they can't apply for a green card simultaneously, how much time I have for this application once I have my H1B?
Thanks for any comments,
BB1234

[lucid1]

Hi,
I am being recruited by a US hospital, they offer an H1B visa. Based on my prior research I would qualify for an EB1-EA green card. My future employer says that they would eventually apply for EB1-EA but they are not willing to do it now (probably because they think I would quit once I get my green card). I do want to convince them that they should apply for a green card, but I do not know if they are legally able to do it.
Questions are:
1. Can I apply for EB1-EA at the same time as the H1B? The EB1-EA requires documentation of my research production, and of lack of availability of equally qualified Americans. Can they adjust the recruitment process so that it fulfills the EB1-EA criteria?
2. If they can't apply for a green card simultaneously, how much time I have for this application once I have my H1B?
Thanks for any comments,
BB1234

EB-1EA is a self-petition application which does not require labor certification or your employer's approval. You can let the employer apply for H1B for you for now, while at the same time you can start working on your EB-1EA application simultaneously on your own (through your own lawyer/ by yourself). Once your H1B is approved, you can start working and then go ahead and apply for EB-1EA any time after that. There is really no time limits to apply for EB-1EA, but your H1B is usually approved for 3 years at first, with another extension of 3 years. Until then you will have already completed your EB-1EA application on your own.
Once approved, EB-1EA will get you the green card far more quickly as it is current right now.

[vonda007]

It really did not know!