I am wondering if i can apply for EB2 and not fall out of status given that the H1B cap filled too fast. I am intl student from VZLA on OPT for my masters. Any other option if the EB-2 is not viable? Can I get opt if i get a BS? or does it have to move forward like a PhD?
Whether an EB-2 can be filed depends on what the normal requirements for the job being offered are.
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.
There probably is not enough time to file an EB-2 using labor certification (PERM) to have an adjustment of status application filed by July. There may be enough time using a national interest waiver application if you are qualified. Also the priority date must be current.
You are supposed to be advancing your academic credentials but you speak with your DSO (FSA) to determine if you have F and opt possibilities.
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