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Whether B 2 visa holder is allowed to apply for EB-2/ EB-3 visa within USA ? If yes than what is the minimum time it requires.

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I 'am a legal and compliance professional with more 12 years of experience and I have an advance professional degree in my field. Mostly I advised global MNCs

Attorney Answers 5


  1. In theory, yes. One needs to be sponsored by an employer for the categories you mention. Best to schedule a consultation with an immigration lawyer to learn about the process. Whether you qualify or not will also depend on the type of job offered you, the EMPLOYER'S ability to prove that can pay you the wages mandated by DOl, etc.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Under certain circumstances, yes, it is possible. However, with the B-2 visit's expiration date usually less than 6 months away, the timing is usually an issue.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.


  3. I think you are asking a question which is impossible to answer. Minimum time requirement of what?

    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. "MNC" I think, means you are Indian. You can file for a green card though it will not give you status to live or work in the US for at least 5 years, based on current timelines. Suggest you try for a non-immigrant visa as well so you are able to stay beyond the tourist visa i/94 expiry.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  5. It is the employer who starts an employment based petition. You may/ may not be present in the U.S. for this process.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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