Double Dilemma reg. H-1/GC-Please Help!

[pak_man]

I was on an H-1 for a small startup company till about 12 months ago-the visa was for 3 years and when I applied for extension for another 3 years I got denied...I'm currently still in the appeals process even though I appealed nearly a year ago- the appeal just got sent to the AAO office...can someone please advise as to what are the chances for the denial to be reversed and also how long can I expect a decision to take once it has been forwarded to AAO??
My second dilemma is that I'm married to a US Citizen and was in the process of filing for GC whilst still waiting for my H-1 appeal-However, a family emergency requires me to take a brief visit abroad within 30 days..my wife and I are Mass residents and the current wait time for Advanced Parole is 90 days...what should I do and is it possible for me to file my Advanced Parole/GC application from a state other than Mass where the wait time might be less??
Also, are there any other options/visa types I should be considering since I am forced to exit the States 1n about 30 days due to family emergency??
Any advice on my 2 dilemma's would be greatly appreciated...

 

[ginnu]

I was on an H-1 for a small startup company till about 12 months ago-the visa was for 3 years and when I applied for extension for another 3 years I got denied...I'm currently still in the appeals process even though I appealed nearly a year ago- the appeal just got sent to the AAO office...can someone please advise as to what are the chances for the denial to be reversed to AAO??

---we dont know the reasons of denial, how can someone answer with out full details???
and also how long can I expect a decision to take once it has been forwarded
My second dilemma is that I'm married to a US Citizen and was in the process of filing for GC whilst still waiting for my H-1 appeal-However, a family emergency requires me to take a brief visit abroad within 30 days..my wife and I are Mass residents and the current wait time for Advanced Parole is 90 days...what should I do and is it possible for me to file my Advanced Parole/GC application from a state other than Mass where the wait time might be less??
Also, are there any other options/visa types I should be considering since I am forced to exit the States 1n about 30 days due to family emergency??
Any advice on my 2 dilemma's would be greatly appreciated...[/QUOTE

----------- you need to contack a very goold lawyer

 

[pak_man]

Ginnu, the reason for the denial was that "the job qualification doesn't require someone with a Bachelors degree". However, I had got my initial 3 year H-1 visa with the same company and same qualifications...
Also, my lawyer says that I shouldn't exit the country without getting AP in hand even though I'm married to a US citizen...does anyone have experience where they have exited the country without AP during a GC application??

 

[Jim Mills]

I was on an H-1 for a small startup company till about 12 months ago-the visa was for 3 years and when I applied for extension for another 3 years I got denied...I'm currently still in the appeals process even though I appealed nearly a year ago- the appeal just got sent to the AAO office...can someone please advise as to what are the chances for the denial to be reversed and also how long can I expect a decision to take once it has been forwarded to AAO??
My second dilemma is that I'm married to a US Citizen and was in the process of filing for GC whilst still waiting for my H-1 appeal-However, a family emergency requires me to take a brief visit abroad within 30 days..my wife and I are Mass residents and the current wait time for Advanced Parole is 90 days...what should I do and is it possible for me to file my Advanced Parole/GC application from a state other than Mass where the wait time might be less??
Also, are there any other options/visa types I should be considering since I am forced to exit the States 1n about 30 days due to family emergency??
Any advice on my 2 dilemma's would be greatly appreciated...

As you are married to a US citizen, my suggestion is to file for a GC based on that marriage ASAP. You are currently here with an expired I-94 and therefore I suggest that you file for a GC immediately. Do NOT travel internationally under any circumstances without seeking the advice of competent immigration counsel.

It is impossible to say what the chances of a successful appeal are without a thorough review of the case but I will note that in 90% of cases that are appealed, the decision of USCIS is affirmed by the AAO.