Effect of GC application on H-1B

Iamhere

New Member
Hi!

I am in an academic instituition on H-1B. This instituition wants me to sign for the initial stage of GC (labor certification) via EB III, although I wanted EB II or EB I. Labor certification is taking 1.8 years now. My question is:

If I sign EB III and think of changing to an industrial position in the coming year, will it affect my H-1B or my capability of changing positions?

I would appreciate if someone can answer the question.
 
Iamhere said:
Hi!

I am in an academic instituition on H-1B. This instituition wants me to sign for the initial stage of GC (labor certification) via EB III,
----- sign theLC for EB3 no problems
although I wanted EB II or EB I.
--- if you are qualified for EB1 then you can file also directly I-140 with out employer(self petition) and wait for LC and I-140(self petion) at the same time. please remember EB1 in Sciences, research is difficult you need lot of evidence to qualify. If the field is arts or motion picture and television arts then it is less rigorous than science or research.
Labor certification is taking 1.8 years now. My question is:

If I sign EB III and think of changing to an industrial position in the coming year, will it affect my H-1B or my capability of changing positions?
---- if your skills are changed then the filed LC is for particular job with particular education /skills. if you change the skills or want GC for diffrent skills on I-140 then filed LC will not stand or better file I-140 with same skills as on LC
I would appreciate if someone can answer the question.
 
Thanks Ginnu for the reply.

As far as joining an industrial position is concerned, it will be in the same field. However, it does not matter to me if I have to reapply for GC from the beginning in an industrial position. What I am more interested in is: will my H-1B hold good for the transfer if I sign EBIII or any other immigrant petition?
 
It will not affect your H1B. After GC approval using academic EB3 you are expected to work in a similar position.
 
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