Hello, l’m trying to decide my strategy in a rather critical situation and will appreciate your feedback. I am a biomedical scientist, laid off recently and currently pending B2 CoS after the 60-day grace period. I was employed on an O-1 visa and also had an approved EB-1B I-140. I have a reasonably good case with 10+ publications, 1000+ citations, 40+ verified peer reviews and awards; more importantly already vetted twice by USCIS (for O-1 and EB-1B both with premium processing with no RFEs).
My EB-1B Final action priority date is close to being current (dates for filing is current), and I’m considering filing a self-sponsored EB-1A I-140 concurrently with I-485 AoS now. I have two questions about this strategy :
i) Since I’m not currently employed or affiliated to any organization/company, does it negatively impact the value of my case, especially in times of greater scrutiny and stricter standards? Does one need to be employed for a higher chance of success for self-sponsored EB-1A?
ii) Is this a reasonable strategy? If the case gets approved, would I be immediately eligible to file for an EAD and be able to remain legally in the US beyond the B2 period ?