Helpmesoon
New Member
Hi there,
I am in IT professional with a company . My GC has been filed in EB2 category and
priority date is May 11,2010. My current visa is valid until Jun 2019. My visa amendment for working at a client location is denied by USCIS 2 days ago
and my company HR has suggested 2 options
1. Since my previous client amendment was approved, I can go back and work for my previous client in NJ, if there is an opening for the same role.
2. I leave the country by Oct 17.
I am also pursuing my MBA from Chicago Booth. My wife is also an IT professional and
has her own H1-B. GC is applied for her by her company [Eb3, I-140 approved ]. I have a few questions for you regarding my visa situation and would
like to take your suggestion.
My H1 - B visa amendment has been denied by USCIS now on 2 grounds
1. My role does not meet the requirements for speciality occupation under the H1b regulations.
2. Level of control over my day to day work met the Employer - Employee relationship requirements for H1-B purposes.
My company is suggesting that I go back to India and work for them in India. They have promised me to reapply for a new amendment after the 90 days cool off period and send me back to US. However since I need visa stamping, when my company applies for new amendment , since there is no premium processing, it may take another 3-4 months before I can get my amendment approved and visa stamped in India. This means 90 days cool off period + 3-4 months of amendment process which is atleast 6-8 months in India. I own a house here and have 2 kids, 11 and 5 year old. My wife is on her own H1 and GC process [ EB3]. Given my family situation, what are the best options for me to stay back in US. ?
1. Is it advisable for me to change company now and find an employer who can transfer my H1 now and stay back in the US. [ Within the next 15 days ] ? I am not sure whether I have a H1 status now, do you think I can change my company ? I have a few offers from companies and those companies are ready to file for my H1 transfer.
Will changing my visa from H1 to H4/EAD cause issues for me when I find an employer to transfer my visa back from H4 to H1 given that I am on AC21[I-140 approved H1 extensions].
2. Worst case, should I go back to India and come back on a new visa after say 1 year, say on L1 -A ?
3. What will happen if my Eb2 date becomes current, but I am still in India at that time ?
4. Should I convert to F1 visa, as I am doing my MBA from a ivy league school.
I am in IT professional with a company . My GC has been filed in EB2 category and
priority date is May 11,2010. My current visa is valid until Jun 2019. My visa amendment for working at a client location is denied by USCIS 2 days ago
and my company HR has suggested 2 options
1. Since my previous client amendment was approved, I can go back and work for my previous client in NJ, if there is an opening for the same role.
2. I leave the country by Oct 17.
I am also pursuing my MBA from Chicago Booth. My wife is also an IT professional and
has her own H1-B. GC is applied for her by her company [Eb3, I-140 approved ]. I have a few questions for you regarding my visa situation and would
like to take your suggestion.
My H1 - B visa amendment has been denied by USCIS now on 2 grounds
1. My role does not meet the requirements for speciality occupation under the H1b regulations.
2. Level of control over my day to day work met the Employer - Employee relationship requirements for H1-B purposes.
My company is suggesting that I go back to India and work for them in India. They have promised me to reapply for a new amendment after the 90 days cool off period and send me back to US. However since I need visa stamping, when my company applies for new amendment , since there is no premium processing, it may take another 3-4 months before I can get my amendment approved and visa stamped in India. This means 90 days cool off period + 3-4 months of amendment process which is atleast 6-8 months in India. I own a house here and have 2 kids, 11 and 5 year old. My wife is on her own H1 and GC process [ EB3]. Given my family situation, what are the best options for me to stay back in US. ?
1. Is it advisable for me to change company now and find an employer who can transfer my H1 now and stay back in the US. [ Within the next 15 days ] ? I am not sure whether I have a H1 status now, do you think I can change my company ? I have a few offers from companies and those companies are ready to file for my H1 transfer.
Will changing my visa from H1 to H4/EAD cause issues for me when I find an employer to transfer my visa back from H4 to H1 given that I am on AC21[I-140 approved H1 extensions].
2. Worst case, should I go back to India and come back on a new visa after say 1 year, say on L1 -A ?
3. What will happen if my Eb2 date becomes current, but I am still in India at that time ?
4. Should I convert to F1 visa, as I am doing my MBA from a ivy league school.