Yah, I make much more than 100K, I have a very good market value in USA even during recession and thats why my employer will try every possible way. Only thing I wanted to know the procedure to switch back to non-immigrant from immigration status, there must be a way. I am going to consult with my company attorney next week.
Doc/Prof (whatever),
There may be a way for you to get your family back without reverting to an O-1 (if SB-1 is denied). EB-1 is current for all countries, nobody is oversubscribed.
The recent Policy Memo concerning EB-5 immigrants provides the following guidance:
"Upon approval of the new Form I-526 petition, S/he may file Form I-407 with a Form I-485 adjustment application. The prior CPR status will be terminated and the new AOS application will be approved, if otherwise approvable, granting a new two year period of CPR status."
Found at:
http://www.uscis.gov/USCIS/Outreach/Adjudicatingof0EB-5_121109_commentdates.pdf
With a little alteration, your employer's attorney can request re-adjustment of status for you----
Upon approval of the new Form I-140 petition, he will file Form I-407 with a Form I-485 adjustment application. The prior LPR status shall be terminated and the new AOS application should be approved, as the application is otherwise approvable, granting LPR status anew. A Form I-824 will be concurrently filed to allow USCIS to initiate Consular Processing for the applicant's derivative beneficiaries upon approval of the principal alien applicant.
Note: Dependents will also file I-407s at the same time as required for submitting their DS-230 applications with DOS (or before) in order to terminate their LPR status and obtain new Immigrant Visas. The dependents are eligible to be classified as EB-1 dependents at the time of the filing of new DS-230 applications, i.e. the dependents are the spouse or unmarried child(ren) under the age of 21 years, of the EB-1 principal alien.
Make sure nobody screws up their status again. If anyone has to be away from the U.S., get re-entry permits.
Good Luck,