If I have a case pending regarding EB2 or EB3, can I submit documents for H1B? or If I have my H1B pending can I apply for EB2 or EB3? If my company sponsor me for EB3 visa can I continue working under F1 OPT STEM Extension until I get EB3 EAD? Which companies can sponsor for H1B? Which companies can apply for EB2/EB3? What's the requirements?
2 Answers from Attorneys
H1B, unlike F1 status, allows for intention to immigrate to the U.S. through an employer sponsoring for green card through EB2/EB3.
The EB2/EB3 sponsorship if for employment in the future (when the green card is received) but current employment requires nonimmigrant visa status such as H1B or F1 STEM OPT. The employer's sponsorship is essential for H1B as well as EB2/EB3. Good luck in your search for a supportive employer.
I highly recommend that you meet with an experienced immigration attorney with regards to more complex questions. However, in general, a pending I-140 or approved I-140 with a priority date that is not current will not keep you in valid immigration status. You need a nonimmigrant visa for that. The H-1B process is completely independent of the immigrant visa process. To answer your questions, in short: (1) Yes, but H-1Bs can only be filed April 1st, with certain exceptions; (2) Yes; H-1B holders can have dual intent; (3) No; once your OPT expires, you fall out of status after the 60 day grace period, unless your PD is current & you can file for AOS in time or you can change NIV status; (4/5) Any U.S. company that meets the general requirements; you need to meet with an attorney to discuss this further. Good luck.