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Can my company file for EB3 as a skilled worker if I have 2-3 years experience?

Original Post

USICS site says that skilled worker needs to have 2 years of experience in that training. I didn't get selected for H1B but my company is willing to file for GC. Can my company file for EB3 if i don't have H1b? Will appreciate any advice!!

username619
Jun 12, 2020 10:32 AM · 17,445 views
6 Replies
pyackman Jun 12, 2020 10:37 AM
yes, get your lawyer to start ASAP. Keep in mind that unlike H1b the employer can make you pay some part of the petition related costs.
username619 Jun 12, 2020 11:14 AM
Thanks, does PERM comes after EB3 approval or how does that work? do you know any good site to look at it? sry I am new to this
STUPIDA Jun 12, 2020 12:20 PM
@username619 - -Yes you can file GC without having H1B. -EB3 category doesn't require any work experience as long as you have bachelor degrees. Skilled workers is different than professional workers. like chef and "mandir pujari" vs Java Developers https://my.uscis.gov/exploremy... https://onlinevisas.com/visas/... -You cannot show experience gained from the company that is filling your GC if the position is same or similar. There is a rule of difference. maybe 51 % but not sure the exact percentage. But for EB3 this should not come into play. It is usually for EB2 category. -There are 3 steps in the process - 1st - PERM....basically proving that there is no american workers like you for company to fill the positio. Includes advertising.. 2nd- I-140....making sure you are getting market rate wage and company has financial to do so 3rd - Change of Status ...Become GC from your current status...get work authorization card..This is where company might also ask you to put your money for expenses. This is your petition where as step 1 and 2 are company petition. In this step, you include your family as well so that they get GC too..so if unmarried get marrid here so your spouse do not have to wait 2-3 years for her GC Step 2 and 3 can be filed together (sometimes they put hold on this rule and has to file separately).
username619 Jun 12, 2020 12:57 PM
Thanks for the info, i am planning to apply on Skilled Workers, since I work as a Software Enginner -- I hope I should be qualified for skilled worker right?
Sql_server Jun 13, 2020 1:34 AM
You’re no SE. you’re most likely a programmer. Don’t lie. 😂
username619 Jun 14, 2020 1:28 PM
lol i am a programmer, but my title is SE in the company
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