Dr. William:

My research area is vaccine development. I have filed a patent for oral delivery of vaccines using micro-sphere technology. I am also involved in studying the immunology. So it is totally vaccine development. Currently I am working in the Pneumonia infection. But my technology can be extended to all other vaccines.

Can I apply for both EB1-EA and NIW simultaneously. Is it necessary to have H1B for applying for green card or can I apply with J1 visa itself. Thank you for kindly give information.

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Answer:

To increase your chance to get the USCIS approval, you can apply for both EB-1 EA and NIW at the some time. It is not required to have H-1B visa to status to apply for Green Card GC.

If your I-140 application is approved by USCIS, to adjust your status, you need to have your J-1 waiver approval ready at that time for your I-485 application.