kindly answer this question please

V

vinathi

Registered Users (C)
Hi every one,

I am new to this forum. I have a question for you all. Kindly answer this question please.

I work for a pharmaceutical industry. company is processing my greencard. It is currently state labor dept. we already finished interviews and submitted the paper work. nobody was qualified for my position. I have 3 more years H1.

coming to my question is my husband work for university(pHD holder). He still has 1 more year on his H1. university is planning to start out standing researcher category petition now.I think it will take couple of more months to submit the paper work at vermont INS. Can he apply for H1 extension (because his H1 expires by set.30 2004). What are his options. My lawyer says it takes atleast an year at boston for my federal LC to be cleared. I am really worried about him.

my main question is i want him to be here in this country on some visa. I am 100% sure before december 2004 he can get EAD thru me. How long can he stay after H! expires? Can he apply for O1 visa some time next year ?? what is the best thing for him.

please answer to this email


vinathi:confused:
 
I am no expert and am giving just my opinion.

If it works out, perhaps he could get an H4 and continue to stay.However,he will not be able to work on H4.It depends on your preferences.
 
i dont' think he can apply for H4.

if he applies for I140 thru outstanding researcher category some time by jan04. Is he eligible for H! 7th year extension or not

thanks
 
Your husband could apply for I-140 and 485 concurrently when filing the outstanding professor petition. Meanwhile, he could apply for EAD which shall be available in half a year. So he can continue working in the university. So as I see, there's no problem at all if your husband's school is an accrediated one and he's in tenure track.
 
Vinathi,

I was in a similar predicament last year. My H1 was running out and I hadn't started on my green card application. My wife works but I couldn't get an H4 through her (the 6-year rule). I applied for O-1 using the premium processing service a month before my H-1 expiry date. After a brief RFE, my application was approved on the day my H1 was expiring. I had since applied for GC via EB12 and I'm waiting patiently like many others on this forum.

The benefit of O-1 is that you can get it in a very short time, thanks to premium processing.

Good luck.

Max
 
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