Can I file for EB 3 visa while travelling to USA on a visitors visa


I had been to USA on H1B visa from Nov 2009 thru Feb 2010. My visa expired on 12th April 2012. Can I travel to USA on visitors visa and file for an EB3 visa. Please advise me.




EB3 or Category 3 green card visa can be applied for if you have a permanent job offer from a US employer. So the answer to your question is ‘yes’ provided you did not go out of status during the time you were in the US on H-1B visa. Although I would advice you not to plan for US immigration this way because part of what you are doing is considered ‘deliberate prior intent’ (travelling as a non-immigrant with a 100% intent to immigrate). Many people travel as tourists, then maybe get a job offer and then apply for change of status rather than plan it like you are doing here. Your change of status from B-1 to I-140 approval request could also meet with a denial as it is a direct jump between two very different visa categories.

Best wishes

Dr. Sandeep Shankar,,

dear sir

thank u for your reply. I was not out of status but came back due to some emergency reasons. anyways could you suggest any other way to get lawful entry in USA maybe through B2 visa or can I file for eb3 and then travel to USA. I have an employer willing to hire me.



can’t u apply for h1B extension. i guess h1b extension is cap exempt