H1B Expiring - Attorny Trying for EB-1 Category.

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vivjain1

New Member
Hi All,

My H1-B is expiring in July end this year and my LC is filed just 7 days back. But my attorny is trying to recapture the vacation time I spent in India around 6 months. But meanwhile she is suggesting that we apply under EB1 (Extraordinary Ability) category, until ofcourse it is rejected. That way she says I will be able to stay in US until the rejection which takes little longer and that way can file for 7th year extension based on pending EB1 approval.
My worry is that, when I am denied immigration under this EB-1 category, does this impact later my green card processing. Also my company is suggesting if they are not able to apply under EB-1 then I go back to India and come back immediately on B1. Doesn't it seem strange, it is so clear that I am going to work in USA on B1, since I just expired my 6 yr limit. What do you guys suggest to me, should I let them apply under EB-1 category and should I agree for the B-1 situation. I am worried company might be playing with my carrier....please advice.

Thanks for any inputs....
 
1 your H1B is expiring in July 2003 and LC filed 7 days back
If the above is correct and you consumed 6 years of your H1B (time starts on entry to US) and you were out of US for some time that can be recaptured by filing Extension of H1 status
2 if your lawyer says that she can file for EB1 (Extraordinary ability), you should know the requirement, it is very difficult to get EB1 approved, do you have Awards, Publications, written about you in your trade papers/journals, any research papers published, do you have national or international acclaim? If you satisfy the requirements then also you will need 5-6 letters of recommendations from the authorities in your field, and to collect all the evidence if one qualifies takes about 6 months time and then to prepare EB1 cover letter that is more than 25-30 pages long to prove your evidence to BCIS along with I-140 petition, BCIS asks for RFE in 99 % cases. First search for EB1 requirements and search the Lawyer sites for EB1 requirements in your field. It is very difficult but if you are Artist or belong to Motion Picture art it is easy then others. EB1 has three parts EB1-1 EB1-2 EB1-3 I don’t know your field you have to check the requirements for extraordinary ability in your field. FYI every lawyer is not expert in EB1 cases. EB1 in some cases can be field directly by the applicant and Employer or Sponsor is not needed while you file for EB1, it can be self-sponsored.

If you file EB1 and it is rejected/denied then you can not get any kind of B1/B2 visa as both the visa require nonimmigrant intent but you have shown Immigration Intent by filing EB1, but if you file EB1 while you are on H1B, H4, O-1 you have dual intent
To go for an EB1 success why can’t your employer or lawyer try for O-1 visa? This is less rigorous than EB-1 and this O-1 visa is also for extraordinary ability if you qualify for EB1 you also qualify for O-1 and requirements are less but for O-1 you need Sponsor
If you apply EB1, you cannot get B1/B2 visa for you and US and cannot work on B1/B2 in US

I suspect that your company or lawyer is playing some trick with you.
 
Thanks so much for reply. If EB-1 is rejected, then will there be negative effect of already filed LC. Also do you think coming back on B1 immediately after H1 expires is a good idea.. ..won;t INS suspect that I came here on B1 to work....
 
Thanks so much for reply. If EB-1 is rejected, then will there be negative effect of already filed LC.
-----NO
Also do you think coming back on B1 immediately after H1 expires is a good idea..
--- They may not give you B1 to come to USA I am 99% sure.
..won;t INS suspect that I came here on B1 to work....

---Yes they May suspect
 
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