can i apply for H1C while having applied for EB3? and have an approved 1-140.?

Question

i have an approved 1-140 petition. my agency told me that i cannot apply for h1C coz i have applied for an immigrant visa using EB3. thanx.

Answer 1

The H1-C visa is a nonimmigrant visa for the temporary employment of nurses in areas of the US where there is a shortage of health professionals. There is no law against applying for and holding a nonimmigrant status while an immigrant visa (your EB-3) is in process. This is called "dual intent" and is perfectly legal. Nevertheless, the H1-C visa could be refused based on your intention to immigrate. It will depend entirely on your own personal situation, which the interviewing consular officer will explore when you apply for the H1-C visa.

Answer 2

The simple answer is: You can be classified as an H-1C.

To enter the U.S. as a H-1C, proof of an unrelinquished residence is NOT required. Of course, only 500 such visas are issued annually, so opportunities are limited.

There are only 14 facilities in the U.S. that qualify to petition using this classification.

The doctrine of dual intent exists for persons in E-1, E-2, H-1 & L-1 status. The approval of a permanent labor certification or filing of preference petition shall not be the basis for denying an H-1C petition or the alien's admission or extension of stay.

Of course, if your time as a H-1C comes to an end before you become a new immigrant via the EB-3 route, you would need to depart voluntarily and seek to become a resident lawfully while outside the U.S.

Answer 3

The previous poster (dognhorsemom) has it right.

But I would like to add a cautionary note to it, based on personal experience.

The LAST visa approved (by calendar date of the approval itself, not of when you physically received it) is the one that takes precedence ... therefore, if your H1-C classification is approved AFTER your EB3, you lose EB3 status immediately and have to reapply for it.

And yes, your H1-C application may be denied because you obviously have the intent to remain permanently (shown by your EB3 application). And yes, you DO have to tell them of the EB3 petition - otherwise, you're lying ... which ultimately means that you've broken the immigration laws and are subject to the penalties resulting from that action.

Answer 4

Check out www.immigrationvoice.org. This is the website for Skilled worker immigrants. You can find tons of valuable information there and also post your concern to the gurus. Good luck!