Re: a strange quagmire

B

bhaiye

Registered Users (C)
I had applied for an exceptional hardship waiverbased on the medical needs of my US born son who has autism . I was granted a waiver in March 2007.

Based on this my employer filed for an H-1 B petiotion in the master's quote which was also approved.

HERE is the twist:

Afterreceiving a waiver I had to apply for an extension of my Ds-2019 from 06/30/2007 till 08/31/2007 to enable me to take my boards.

THIS EXTENSION was purely to enable me to take my boards and did not any way constitute an extension of my training or work . ECFMG said that this was a routine matter and the fact that I had a waiver did not preclude me from getting an extension.


I Got the Extension


As of today my employer's attorney want me to withdraw the extension of Ds-2019 and leave the US by 7/30/2007. Her logic is that since I got an extension of my DS-2019 after receiving a waiver I might be again subject to the 2 year home rule requirement. Mind you this 2 month extension was to just enable me to take my ABPMR boards.


2) She wants me to go India and apply for an H-1 B visa is this safe in the current circumstances. I do have a canadain vistor visa till 8/15/2007.Can I apply for an H-1 B visa prior to that date in Canada and then proceed to India and later return to the US.

Please advise me to the best outcome for me.
 
Hearsay

From whatever I have heard, read and understood from various web-based sources and otherwise:

- It's safest to go to home country for first time H1B stamping. The US Consulate in Canada might want a background check done since Canada is not your home country....and the time frame for this could be unpredictable.
You could as well be re-routed to India for your stamp.

-Am still wondering about your extension after the receipt of waiver. As I understood, one cannot extend DS2019 after a waiver has been granted.
When you go for your H1 stamping, the officer would want to know your current status ? Please check if you are subject to the 2 year residency requirement for your fresh post-waiver DS2019 despite your extraordinary circumstances..

Am not a lawyer....just sharing my thoughts here...
 
Thanks for your input. MY renewed Ds-2019 has the 2 yr requirement checked . When I asked ECFMG they said that this was a routine process for processing DS-2019 forms.

ECFMG stated that they did not see a problem as the extension was on behalf of the ABPMR and I was not authorized to work or train during this period.


-Can I ask them to withdraw the issued DS-2019 at this point.

-Also if i depart the US by 7/29/07 and do not apply for visa till 9/07 will this automatically nullify the DS-2019.

Please advise as I do not want any problems when I go for H-1 B stamping

bhaiye

:mad: :(
 
consult a lawyer

If the 2 yr requirement has been ticked on your DS2019, then you might have to get a second waiver, irrespective of the circumstances you are in. As I understand, the form doesn't explain these circumstances, does it ? The DOS wouldn't have ticked the 2 yr requirement if they thought your case was excusable.
I still can't understand how was the extension granted post-waiver? whatever the circumstance.

Please consult a lawyer. He can advise you better.
 
You must log in or register to reply here.
Top