What If I'm Currently on an H-1B Visa in Rialto — Can I File EB-1B While Maintaining My Status?

Yes—filing an EB-1B outstanding researcher petition does not jeopardize your current H-1B nonimmigrant status. Under the American Competitiveness in the Twenty-First Century Act (AC21), H-1B visa holders can file immigrant petitions and adjustment of status applications without abandoning their nonimmigrant intent, and your H-1B extensions remain available even after your I-485 is pending for more than 180 days under Section 104(c) portability. If you are approaching your six-year H-1B limit, an approved EB-1B I-140 petition allows you to extend H-1B status in one-year increments beyond the six-year cap under INA Section 104(c). Many Rialto researchers employed by UC Riverside or private research institutions file EB-1B concurrently with their H-1B sixth-year extension to preserve lawful status while adjustment of status is pending.

What If My Research Institution in Rialto Offers Only a Grant-Funded Position — Does That Disqualify Me from EB-1B?

Not necessarily—but the position must be permanent or indefinite in duration as defined by USCIS Policy Manual Volume 6 Part F Chapter 4.2. A research position funded by a multi-year federal grant (NIH R01, NSF CAREER, DOE Office of Science award) can qualify if your employer provides a letter confirming the position will continue beyond the grant period or that you will transition to another research role within the institution when current funding expires. Postdoctoral positions explicitly labeled 'temporary' or 'term-limited to 2 years' do not satisfy the permanence requirement. Rialto researchers employed by universities or hospitals with institutional commitments to retain senior scientists regardless of individual grant cycles typically meet this standard—we review your offer letter and institutional policy during consultation.

What If I Don't Have a Doctorate Degree — Can I Still Qualify for EB-1B Lawyer Rialto Representation?

Yes—EB-1B does not require a Ph.D., but you must demonstrate at least three years of experience in academic research or a related field. A master's degree holder with five years of postdoctoral or industry research experience, extensive peer-reviewed publications, and international recognition through citation impact or invited conference presentations can meet the standard. The regulation at 8 CFR 204.5(i)(3)(i) defines 'outstanding' as international recognition for achievements in the academic field, measured by comparable evidence such as authorship of scholarly articles, membership in associations requiring outstanding achievements, or participation as a judge of the work of others in the field. We assess your qualifications during the initial consultation and advise whether your publication record and experience meet the threshold.

What If My EB-1B Petition Is Denied in Rialto — What Are My Next Options?

You have three procedural options within 33 days of the denial notice: (1) file Form I-290B Notice of Appeal to the USCIS Administrative Appeals Office (AAO), which reviews the case de novo and issues a binding decision typically within 6–12 months; (2) file a Motion to Reopen if new evidence is available that was not included in the original petition; or (3) file a Motion to Reconsider if you believe USCIS misapplied law or policy. If the denial was based on insufficient evidence of international recognition, we often advise refiling with additional publications, citation analyses, and strengthened reference letters rather than appealing—the filing fee for a new I-140 ($715 as of 2026) is lower than the appeal fee ($675 plus legal costs), and a new petition allows you to submit a completely revised evidentiary package without the procedural constraints of appellate review.