Can I apply for residence EB1 or EB3 immigration residency? 3 Answers as of January 24, 2011

I have lived in USA since I was 12 years old first time H4 and after 21 years, I have a F1 visa, In May I will graduate with an AA degree as a Physical Therapy Assistant, at the moment my GPA is 3.34. My questions is can I apply for residence EB1 or EB3 immigration during my OPT? Thanks!

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
With only an Associate's degree you are not going to qualify for EB-1. Once you begin the process for permanent residency you have indicated an intent to immigrate so you need to also be on a nonimmigrant status which allows dual intent - H or L. With only an Associate's degree you will not qualify for an H unless you also have six years of experience in the field. All states to the best of my knowledge require a BS or higher - many now require a Masters. You may begin an EB-3 skilled case but I would be concerned about the conflicting intent with your student visa which requires you to demonstrate an intent to return home and starting the case for your green card. Best would be to first get at least a BS and change to H-1B and then start EB-3 case.

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Answer Applies to: California
Replied: 1/24/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
An EB-1 Visa is for Extraordinary Aliens, who are well-renowned in their field. A recent college graduate would not qualify for an EB-1. An EB-3 requires sponsorship by an employer. The first step is that employer files an Labor Certification Application and once it is approved they file an I-140 petition. Then if the petition is approved and the priority date is current, you can file for your Green Card. Given the processing times for all of their stages it is extremely unlikely that it would be completed during your one year OPT.
Answer Applies to: California
Replied: 1/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If your employer is willing to. Not a problem.
Answer Applies to: Florida
Replied: 1/14/2011
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