FAQ's

To qualify for an O-1 in the Sciences, Education, Business or Athletics, a person must demonstrate either of the following:

• Receipt of a major, internationally-recognized award (e.g. the Nobel Prize), or At least three (3) of the following apply to him/her:
• Receipt of nationally or internationally recognized prizes or awards for excellence in his/her field.
• Membership in an association in the field which requires outstanding achievements of its members, as judged by national or international experts in the field.
• Published material in professional or major trade publications or major media about the person, concerning the person’s work in the field.
• Participation on a panel, or individually, as a judge of the work of others in the field.
• Scientific, scholarly, or business-related contributions of major significance in the field.
• Authorship of scholarly articles in the field in professional journals or other major media.
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
• High salary or other remuneration commanded by the person for services
   

40 hours + per week is considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.

Each year 65,000 general CAP H-1B visas are available on April 1, for employment starting October 1 of that year. Additional 20,000 H1-B visas are provided for those who have a Master degree from U.S. universities. Once the annual statutory limit of a year is reached, an applicant can apply only on or after next April.

We would say it all depends on the prevailing circumstances. But an Immigration Attorney would be able to clear everything up if you pay us a visit.

Sadly, your academic credentials do not equate to a US bachelor’s degree no matter the length of your work experience, hence, EB-2 will not be applicable.

If you are eligible to file under EB2. If you have a willing sponsor and If you are already the recipient of an approved I-140 for the EB3 preference category.

The first step is to file for Labor Cer tification. Secondly, file the I-140 which is an Immigration Petition for Alien Relative and lastly file a petition to adjust your residency to permanent.

If you leave your current employer and that prompts them to end their intent to employ you in the future, you can carry your status to a new employer, using the old I-140 approval. This is possible as long as the new position is the same/similar to the one that was originally petitioned.

It is difficult to go from an F1 to an EB3, but if you came with an intent to only study but a opportunity presented itself along the road, then you should do it.