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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.

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Attorney answers 4

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.



Hi Atty Hanlon. The USCIS notification letter did not say exactly the reason for denying my H1B application. It only says "The non-immigrant visa petition filed to classify the beneficiary under section 101(a)(15)(H) of the Act has been denied. What does that mean? As per my employer's legal counsel, the denial was because I was not able to submit an end-client letter. I wonder why such a reason was not explicitly stated in the notification.


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

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.


Look up the eligibility for it. Visit www.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


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

Alexus P. Sham (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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