Question:
I am currnetly on my OPT(Optional Practical Training) and on the
process of applying H1b in about a month. If everything goes right, I
can hope to get it approved by the end of this year or begining of
2005.
At the same time I am planning to apply for Green Card (EB-3 Skilled
or professional workers) as soon as I can.
My question is, can I apply for my Green Card before I apply for my
H1b?
Answer:
So what you are saying is - you want to be an Immigrant and then would be
planning about becoming a Non-Immigrant afterwards?
If you could qualify, why not?
The H1 allows to have immigration intent.
Yes. There is no relationship between the GC and the H-1B.
That may be true but you can't be under both Immigrant and Non-immigrant
status at the same time.
One has to change status from Non-immigrant to Immigrant or vice versa.
Merely *applying* for Permanent Residence doesn't put somebody in
immigrant status.
And the sequence of applications was what the OP asked about.
Sorry if I make in any confusion. I've got my
answer. My question was, "Do I have to have H1b to apply Green Card or
Not?"
