About H1 Visa

[gorkha]

I have bachelor's degree in biology/chemistry from outside of usa, and master's degree in environmental science from us.
for my master degree, my concentration and thesis researd was chemical analysis.
Based on that I got a job in a pharmaceutical research lab as an chemical analyst.
A H1B was filed on march, INS sent me a letter asking "request for evidence"
The letter asks:
1. correlation of environmental science degree to pharmaceutical lab
2.how the specific knowledge required for the postion aquired
3. how this postion is considered speciality occupation
and so on

I used a private laywer ( the company was not paying lawyer fee).
Unluckyly I ended up with not very experienced lawyer. I talked to several other lawyer. I got contradictory and confusing asnwers.
I have several concerns, Please whoever have had any Idea, similar experiencs, kindly reply me. I will be so grateful.
Can I change a Lawyer now?
How does that help/harm my case?
If my case is rejected once, can I apply for H1B for the same position again?
My OPT expired on June 1, I was told I wouldn't be out of status until my case had been finalised? Is that true? If so, for how long?
My wife already has H1B. Can I apply for H4 while my H1B case is still not finalised?
I am desperately waiting for the kind reply.
Thank you.

 

[jaxen]

Yes you can change the lawyer. Use one of the high profile lawyers like khanna /murthy or Jim.
After OPT expiry I think you have a 90 day grace period to get a job.
If you transfer to H4 and H1 gets approved it will be of no use, because h4 will also come and void the previous h1. I would suggest to transfer to h4 only after BCIS rejects current F1 to H1

 

[wonder_cd]

Hi, Gorkha,

My friend had a very similar situation as yours when her company's lawyer filed her H1-B1 at NCS three years ago. However, her H1-B1 was approved without any problem. I am not sure if company's lawyers might get more stronly supporting materials from the sponsor employer than the private lawyer.

By the way, whish BCIS center was your H1-B1 was filed? How long is the receipt day from the filing day. Please share this information. Thank you.

Good luck.