Skip to main content

Shall my employer able to file GC in EB2 while I am in F1 CPT as H1B lottery not selected this year?

Chicago, IL |

This April, my employer filed h1b but seems it is not getting selected in lottery (still narrow hope). I will be in CPT work authorization until May, 2014. In this situation, Shall I make request my employer to file Employment based GC EB2 as I have 7 years experiences in my study field. I have read in internet, there are some students who had applied GC direct from F1 while in OPT without H1b. If so, shall my employer can file GC for me? If denied or rejected, will I lose F1 status? Thank you.

+ Read More

Attorney answers 3

Best Answer

Whether an EB2 is possible, depends on the requirements of the position. In any event, an EB2 will take a minimum of eight months and more likely more than that.

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.


Yes, you should ask your employer to schedule an appointment for you to meet with their immigration attorney ... not a non-attorney in HR.

The lawyer is the best person to evaluate your EB-2 potential.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Consult an attorney to file for you. Unlikely you will get your green card before CPT expires