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How is immigrant H1B different than the H1B that has categories such as EB2 and EB3?

Villanova, PA |

My employer filed for h1b for me. I was told by the paralegal that it is not an immigrant visa application like the H1B with different categories like EB2 or EB3. I am very confused. What is the difference in filing? Can the regular h1b that was filed for me be continued with i140 and later i485.

Attorney Answers 4


H-1B is a non-immigrant visa. EB-1/2/3 - are all immigrant visa categories. Different process and requirements. You can get information on line as to the requirements or consult with an immigration attorney that handle business immigration.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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H-1bs are H-1Bs. They do not have EB2 or EB3 categories. EB2 and EB3 are employment based green card categories.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

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.

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You are comparing aples and orranges. I recommend consulting with an immigration lawyer if you are confused.

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Although you should talk to the attorney .... paralegals aren't permitted under the law to give advice/information .... he/she is somewhat correct.

The H is a non-immigrant visa ... good for 3 + 3 years ... with special rules for more years.

Ask to meet with the 'real' attorney to learn about the I-140/I-485 ... which probably will require that a PERM application be processed first.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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