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Immigration Issues/H1B versus EB Green Card

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Question
I am currently under OPT and work as a music
publishing administration manager in New York. I would like to work in the
United States after the expiration of my OPT ( June 1,
2008). What would be my best option? Apply for H1B ( problem:cap and the
gap) or
start the procedure for an EB green card ( cost and timeframe)
)? What are the pros and cons of each option? (I have a meeting with my
employer soon....)Thank you.

Answer
Hi Christel,

There is no disadvantage (other than cost/time) in applying under the EB-1 category now. Filing will not interefere with filing H-1B petition as well in April, 2008 (even if the final outcome on EB-1 is still pending with the USCIS), since H-1B visa status allows for intention to immigrate to the U.S.

Moreover, you can self-petition under the EB-1 category. In other words, you do not require an employer to sign Form I-140. The EB-1 petition is filed using this form: http://www.uscis.gov/files/form/i-140.pdf

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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