Legal Question in Immigration Law in New York

eb2 case

Dear Sir,

I recently applied for a change of status under EB2. A few weeks after sending the application I fell out of F1 status. What happens if my applicaion is denied? If during the wait for a response for the EB2 application I get a job can I apply for H B 1 or any other form of status.

Let me know soon. Thanks


Asked on 7/24/04, 1:05 am

1 Answer from Attorneys
Joseph Tremiti TREMITI LLC

Re: eb2 case

Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.

As a general rule, you have 60 days to return to status before, at least in theory, you could be eligible for deportation.

First, try to renew your F-1 with the school you are attending in order to return to status.

If you have finished school and are no longer eligible for the F-1, at least try to find out what the typical waiting period is for the EB2.

Regardless of what the waiting period is, continue to work quickly to find a job with an employer who will sponsor you for a H-1B or other appropriate work permit. You can have different applications on file simultaneously, so long as you meet the qualifications for each.

I hope this has been of some help. Thank you again.

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Answered on 7/24/04, 8:38 pm


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