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Is is possible to skip H1B and apply for GC (EB3) directly?

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  • Is is possible to skip H1B and apply for GC (EB3) directly?

    Hi, first time poster. Thank you for your time in advance.

    I graduated last year with M.Sc degree. Right now my boss is getting our immigration lawyer to extend my OPT for another two years. However, she doesn't want to help me file for the
    H1B visa, for that it's not in our budget, instead wants to go directly for the GC (China EB3 waiting time is surprisingly shorter than the EB2). I am meeting the lawyer again tomorrow to
    discuss about it. I am just wondering if this is a shady way, a legal taboo. Have any of you undergone similar process?

    I know that once I show immigration intent, I won't be able to re-enter US as F1 student. So I think it's really risky. Another question is, what are the chances of a master degree holder
    winning the H1B lottery? Couldn't find any specific data regarding that.

    PLZ lemme know if any of you went through the similar process and successfully convinced the employer to apply for H1B before a GC.

    Thank you.

  • #2
    It costs more to file EB3 (due to LCA/PERM) than to file H-1B, and in return the employer gets less in return with EB - EB employee can leave in a few months whereas H employees are "married" to their employer

    Any rational employer would rather file H than EB for a prospective employee

    EB-3 FAD for Chinese nationals is 2.5yrs. Perhaps, they have no intention of keeping you around anyway, and they are stringing you along to keep you employed against your best interest

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