Can I apply for residence EB1 or EB3 immigration residency? - Immigration Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I apply for residence EB1 or EB3 immigration residency?

I have lived in USA since I was 12 years old first time H4 and after 21 years, I have a F1 visa, In May I will graduate with an AA degree as a Physical Therapy Assistant, at the moment my GPA is 3.34. My questions is can I apply for residence EB1 or EB3 immigration during my OPT? Thanks!

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
Contact this Attorney Now

With only an Associate's degree you are not going to qualify for EB-1. Once you begin the process for permanent residency you have indicated an intent to immigrate so you need to also be on a nonimmigrant status which allows dual intent - H or L. With only an Associate's degree you will not qualify for an H unless you also have six years of experience in the field. All states to the best of my knowledge require a BS or higher - many now require a Masters. You may begin an EB-3 skilled case but I would be concerned about the conflicting intent with your student visa which requires you to demonstrate an intent to return home and starting the case for your green card. Best would be to first get at least a BS and change to H-1B and then start EB-3 case.

Contact me as indicated below to obtain the procedures for this process and a fee quote or to set up a paid consultation (will be credited toward the fees for your case) to get more details on your specific case.

Answer Applies to: California
Replied: 1/24/2011

Nicastro Piscopo, APLC
Contact this Attorney Now

An EB-1 Visa is for Extraordinary Aliens, who are well-renowned in their field. A recent college graduate would not qualify for an EB-1. An EB-3 requires sponsorship by an employer. The first step is that employer files an Labor Certification Application and once it is approved they file an I-140 petition. Then if the petition is approved and the priority date is current, you can file for your Green Card. Given the processing times for all of their stages it is extremely unlikely that it would be completed during your one year OPT.

Answer Applies to: California
Replied: 1/17/2011

Answer By Linda Liang
Law Office of Immigration & International Trade Law
Contact this Attorney Now

If your employer is willing to. Not a problem.

Answer Applies to: Florida
Replied: 1/14/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy