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H1B during EB3?

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  • H1B during EB3?

    Hello,

    I have my i140 approved and PD August '23 eb3 skilled row (I'm not in US)

    Since visa biuletin is berly moving, was thinking to try my luck with H1b lottery for the same employer and the same position.

    Since I have my perm and i140 approved can I used it in case of get pick ?

    Thank you​ router login 192.168.l.l.link/
    Last edited by kailash6759; 03-17-2025, 07:05 AM.

  • #2
    Having an approved I-140 and a PD from August 2023 is an advantage if you’re selected in the H1B lottery, even if you’re currently outside the US while waiting for your PD to become current, the H1B visa serves as a practical way to work and stay in the US legally.

    Since the H1B is a dual intent visa, it aligns perfectly with your I140 and long-term immigration plans. It allows you to enter and work in the US while still pursuing your GC. Your I140 approval is also a strong indication that there’s a job offer waiting for you, which can strengthen your H1B case. Also, your PD remains locked in regardless of your visa status, so you won’t lose your place in line for immigrant visa processing.

    If your H1B is approved while you’re outside the US, you’d need to go through consular processing to get your H1B visa stamped. Once you're in the US in H1B status and your PD becomes current, you can file for AOS (I-485) to obtain your green card without leaving the country.

    Please note I am not a legal advisor, I generally help others based on my knowledge, research and some inputs from skiplegal.ai . Goodluck!

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