Background
My wife is on A2 visa and works for the consulate. I am her dependent and have an EAD to work. I have done my Doctorate from US in Business Administration and teach part time at a university. We both live and work in Bay Area.
Job Offer:
Recently same university has made an offer to my wife. She has to move from A2 to H1B non profit. When we went through the paper work required we understood that I-566 has to be endorsed by DOS, her services have to be terminated (DS 2008), and then I-129 for H1B can be sent with endorsed I-566, along with I-539.
Apprehension:
She has a bachelors’ degree from Delhi University in Political science. After that she has few diplomas and work experience of more than 10 years including working with the consulate in the US for last four years. On getting the credential evaluation done, her education and experience was found equivalent to US- Bachelor’s in Business Administration from an accredited university. This may or may not qualify under specialty occupation list.
Problem:
Our problem is that if the H1B is not approved for some unforeseen reason (maybe her not qualifying under specialty occupation list)then she will be out of status and we cannot go back to A2 visa, till we go out of the country, as being out of status, you cannot apply for new status till you leave the country. What should be done?
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My wife is on A2 visa and works for the consulate. I am her dependent and have an EAD to work. I have done my Doctorate from US in Business Administration and teach part time at a university. We both live and work in Bay Area.
Job Offer:
Recently same university has made an offer to my wife. She has to move from A2 to H1B non profit. When we went through the paper work required we understood that I-566 has to be endorsed by DOS, her services have to be terminated (DS 2008), and then I-129 for H1B can be sent with endorsed I-566, along with I-539.
Apprehension:
She has a bachelors’ degree from Delhi University in Political science. After that she has few diplomas and work experience of more than 10 years including working with the consulate in the US for last four years. On getting the credential evaluation done, her education and experience was found equivalent to US- Bachelor’s in Business Administration from an accredited university. This may or may not qualify under specialty occupation list.
Problem:
Our problem is that if the H1B is not approved for some unforeseen reason (maybe her not qualifying under specialty occupation list)then she will be out of status and we cannot go back to A2 visa, till we go out of the country, as being out of status, you cannot apply for new status till you leave the country. What should be done?
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