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Can I file for EB2 petition on F1 status? Would the denial of my H1B adversely affect EB2 petition in any way?

Fremont, CA |

My H1B filed in April 2013 just got denied. I have been on F1 status since arriving in US in 2008 and have the privilege to work under CPT. I have already earned two Masters degree here in US - MBA and MS Engineering Mgt. What are my chances of getting approved for EB2 should I file on F1 status? Would my previously denied H1B application affect the evaluation of my EB2 petition in any way? Hope you can shed light on this inquiry. Thanks so much.

Attorney Answers 4


  1. Best answer

    Your employer needs to offer you a position requiring a Master's degree or higher to be eligible for the EB-2 category. The H-1B denial could be relevant, depending on the REASON it was denied.


  2. Whether an EB2 can be filed is determined by the requirements of the position.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Look up the eligibility for it. Visit www. Uscis.gov

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. It will depend on the employment position. Consult your potential employer's immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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