Confused........please Help.....important

J

jcherian

Registered Users (C)
Hi There,

I am an Indian national who has been out of work since last May. I am looking at the possibility of finding a job soon and wanted to look at my option in adjusting my status. I have an H-1 that expires on Sep 1 and I can renew it till March 2004 (expiry of my 6 years).

To adjust my status in the US, I am looking at working as a contractor through a company where GC processing is fast like Wisconsin etc or go the marriage to an US citizen route. I have been dating an US citizen for about two months and we will need some more time before we can finalize this route. In the meantime, the work option seems the most viable.

Regarding this, how do I go about this? If a company makes me an offer tomorrow, what is the best way to start work? My lawyer was suggesting doing premium processing and picking up visa in India. Her explanation for this route was that technically, I have been out of status since I lost my job last May and thus should not do an H-1 transfer which can take a while and immigration might deem me illegal if I start working without a new visa. The flip side of this is that, if I do the premium processing route, there is the up to 15 day wait and having to stay in India for God knows how long as interviews/drop box appt. are taking a long time from reading other H-1visa candidate postings.

Your input and help is greatly appreciated.

Regards,

Johns
 
You cannot adjust the status to GC just like that. Even in wisconsin it might take minimum of 2 years. So your GC is out of the picture.
Concentrate on H1. Doing premium processing and getting the H1 stamp in home country consulate are your best options.
 
Jaxen/Jim Please comment!

Jaxen, why is GC out of the picture in Wisconsin if I am able to do RIR processing? The Regional current date is June 2003 and State Current Date is July 2003, that is a total of 6 months for Labor. Once labor is cleared am I not eligible for 485 status and work permit?

Also as far as premium processing in India, I am from Kerala, what are the wait times like? Can I give my employer a reasonable wait time? What is the protocol, when do I have to leave the US etc.

Thanks for your help!

Johns
 
OK Gc can be an option, but dont rely on the current processing times. Yes after LC approval you can file I485 , I765 concurrently with i140. Taking time for prepartion of docs and a processing time of 90 days for EAD, you have to add at least another 4 months. Total of 10 months before you can use the work permit to join an employer.

If you are seeking a new H1 Visa with premium processing, itshould not take more than 10 days (with the previous visa stamp) for a drop box application in chennai consulate.
 
W-2 Help

Thanks Jaxen and Ginnu for your help!

What is the consequence of having a W-2 that shows pay only till May 2002?

Johns
 
What is the consequence of having a W-2 that shows pay only till May 2002?”

--- Problems for getting Visa stamp from Chennai, many are struck because of these issues, read the other threads
 
H-!B Status Ginnu/Jaxen Please Help

Hi Jaxen/Ginnu,

I am not sure if my old employer cancelled my H-1. How can I find out without calling my old employer?

Thanks,

J.
 
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