Visa Process Doubt

[Michella&Lucio 7]

Hi, I have a doubt, if someone it's already in a I-130 process, it's possible for this same person apply for an EB3 visa process? The questions is: the same person can be at two different process at same time or as long the person apply for one process this person its not allowed to apply for another visa process, and I would like to know specifically about I-130 and EB3. Thank you in advance.

[SusieQQQ 11,584]

51 minutes ago, Michella&Lucio said:

Hi, I have a doubt, if someone it's already in a I-130 process, it's possible for this same person apply for an EB3 visa process? The questions is: the same person can be at two different process at same time or as long the person apply for one process this person its not allowed to apply for another visa process, and I would like to know specifically about I-130 and EB3. Thank you in advance.

You can have as many immigrant visa applications simultaneously in process as you are eligible for. ( I myself had two side by side at one stage.) You can then choose either to go with the one that completes first, or with the one that is least complicated (for many people an EB3 visa would be less complicated than a spouse visa especially if the spouse visa only gives them conditional residence at first).

[Boiler 43,438]

Agree but EB3s take time so if you are well into the process with a spousal then do not expect it to be quicker 

 

Presumably the Employer knows? Not cheap to file an EB3

[Michella&Lucio 7]

10 minutes ago, SusieQQQ said:

You can have as many immigrant visa applications simultaneously in process as you are eligible for. ( I myself had two side by side at one stage.) You can then choose either to go with the one that completes first, or with the one that is least complicated (for many people an EB3 visa would be less complicated than a spouse visa especially if the spouse visa only gives them conditional residence at first).

I see, thank you for your answer, but in my case it is not a spousal visa, but I am looking foward to apply for my son and he is 21yo older and I would like to know if I could apply for an EB3 visa after applied for the I-130, just in case because of the long time of the I-130 I am considering the EB visa and its good to know I can apply for both process, that was my concern and doubt.

 

 

[Michella&Lucio 7]

11 minutes ago, Boiler said:

Agree but EB3s take time so if you are well into the process with a spousal then do not expect it to be quicker 

 

Presumably the Employer knows? Not cheap to file an EB3

yes I know the EB visa takes some time and cost a good amount of money, thank you for your answer.

[Boiler 43,438]

Obviously I do not know your circumstances but expect a great deal of scrutiny, a consultation to see if it is even logical would be the first step 

[SusieQQQ 11,584]

37 minutes ago, Michella&Lucio said:

I see, thank you for your answer, but in my case it is not a spousal visa, but I am looking foward to apply for my son and he is 21yo older and I would like to know if I could apply for an EB3 visa after applied for the I-130, just in case because of the long time of the I-130 I am considering the EB visa and its good to know I can apply for both process, that was my concern and doubt.

 

 

Well - you couldn’t apply for an Eb3 visa for him, it would have to be sponsored by an employer. But yes if he can find someone who can do that he can certainly have the two petitions simultaneously in process. 

[randy32 165]

How is the EB3 visa comparable to H1B visa?

 

Would it not require that your son be always employed?

[Boiler 43,438]

EB3 is an immigrant visa

 

H1b is not

 

Both are employment based 

[Michella&Lucio 7]

1 hour ago, SusieQQQ said:

Well - you couldn’t apply for an Eb3 visa for him, it would have to be sponsored by an employer. But yes if he can find someone who can do that he can certainly have the two petitions simultaneously in process. 

yes I know how the EB visa works, I just said apply as an expression, sorry, I just wasnt sure if was possible to be in two process at same time, I was not sure if I applied for the I-130 to him, if late he could start one EB visa, that was my doubt.

Edited May 31, 2022 by Michella&Lucio

[Michella&Lucio 7]

41 minutes ago, randy32 said:

How is the EB3 visa comparable to H1B visa?

 

Would it not require that your son be always employed?

I dont know the comparision between this two types of visa but I am gonna check

[Michella&Lucio 7]

1 hour ago, Boiler said:

Obviously I do not know your circumstances but expect a great deal of scrutiny, a consultation to see if it is even logical would be the first step 

Thank you, I have been doing a long and detailed search to check all my options 🙂

[SusieQQQ 11,584]

8 minutes ago, Michella&Lucio said:

I dont know the comparision between this two types of visa but I am gonna check

Both of them require a job offer and an employer to complete the forms and do labor certification with the department of labor. An EB3 is an immigrant visa, a H1B is non immigrant and usually allocated by lottery. 
 

When you asked about EB3, I assumed that this was because a company had already made an offer and started the process. If you are just “checking” different types of visas, it’s probably a long shot that your son will get an offer this way as it is quite an expensive process for the company to go through and they will require very specific skills that there are a shortage of in the US. What are your son’s qualifications? 

[Michella&Lucio 7]

2 hours ago, SusieQQQ said:

Both of them require a job offer and an employer to complete the forms and do labor certification with the department of labor. An EB3 is an immigrant visa, a H1B is non immigrant and usually allocated by lottery. 
 

When you asked about EB3, I assumed that this was because a company had already made an offer and started the process. If you are just “checking” different types of visas, it’s probably a long shot that your son will get an offer this way as it is quite an expensive process for the company to go through and they will require very specific skills that there are a shortage of in the US. What are your son’s qualifications? 

Thank you for your answer, I already talked with an imigration lawyer specializaded in work visas and he explain me how it works, but yes its an expansive process for the employer and employee, well just to make a long storie short, I just wasnt sure if was possible apply for more than one process, and now I know it is possible, and I appreciate all the effort to make the things clear to me, thank you so much.

Edited May 31, 2022 by Michella&Lucio

[carmel34 3,531]

7 hours ago, Michella&Lucio said:

I already talked with an imigration lawyer specializaded in work visas

First step for an EB3 is for your son to apply for a qualifying job through a US employer.  If the US employer decides to proceed with an EB3 on his behalf, they work with their own attorney.