H1B to Green Card Process

Can you file an h1 B and and a green card? Is that a possibility?

Yes, absolutely. Unlike the TN discussion that we had earlier, where you had a situation where intent was irrelevant, with an H-1B and TN is not relevant because an H-1B visa is something referred to as a dual intent visa, which means you can have both the intent of the H1 and the intent of a green card at the same time.

The difficulty is that there are not a lot of positions in the US where a registered nurse qualifies for an H-1B. To qualify for an H-1B, the position has to demonstrate that it only hires individuals with a BSN for that role.

And in all 50 states, the minimum requirement to get a license is an Associate's degree. And the vast majority of hospitals, the minimum standard is an associate's degree. So there's very few positions that would qualify for an H-1B. However, if you happen to be in one of those positions and being offered one of those jobs where a BSN is the norm is the standard for that hospital that facility that position, then an H-1B may be appropriate and it's perfectly fine to do one even with an I-140 approved.

Okay, so the short answer is yes, it is possible to do an H-1B and an EB3.