Please help! Complicated issue!!

[albertoalvarez]

Hey gurus please help!

My friend from Peru has a pending I 485 (through her husband) and she supposed to go through interview around June 2004.
But an error has occured and she won't be able to go through interview. She has a valid EAD and works for a toy wholesaler in Midtown NYC.

Here is the question:

Since she has a bachelors(from Peru) + Masters(from here), can she get an H1 withdrawing that I 485 and surrendering EAD?
Her specialization areas are Aerospace & IT.

She asked her boss about this and he says it would be impossible since the business he is running there is not eligible for that kind of issues and admitted application would be denied immediately.

She searched for a couple of days but she couldn't come up with any valuable results.
Now dear readers; attorneys, forum members, everybody those who like to help, we need help as detailed as possible, including how to find a sponsor company + a good attorney. If possible an attorney who is going to find a sponsor company, any help u send we appriciate.
Happy new year..

 

[TheRealCanadian]

Originally posted by albertoalvarez
But an error has occured and she won't be able to go through interview. She has a valid EAD and works for a toy wholesaler in Midtown NYC.

Since she has a bachelors(from Peru) + Masters(from here), can she get an H1 withdrawing that I 485 and surrendering EAD?
Her specialization areas are Aerospace & IT.

Her boss is right. Just because you have the education to get an H-1B doesn't mean you'll get it, since the job needs to qualify for an H-1B. Working for a toy wholesaler won't cut it. No H-1B for her.

Let's take a step back a minute. She is willing to give up an easy straight-forward marriage-based GC for the hell of employment-based? Is she crazy? Why can't she attend the interview? What is the "error"? Why cannot she reschedule?

Seems like she is about to do something drastic over a little trivial issue.

 

[Jim Mills]

Re: Re: Please help! Complicated issue!!

Originally posted by TheRealCanadian
Her boss is right. Just because you have the education to get an H-1B doesn't mean you'll get it, since the job needs to qualify for an H-1B. Working for a toy wholesaler won't cut it. No H-1B for her.

Maybe, but we do NOT know that. Just because she works for a toy wholesaler doesn't mean that she's in sales.

She could be designing websites or doing any number of other things in a position that requires the education that she has.

Originally posted by TheRealCanadian
Let's take a step back a minute. She is willing to give up an easy straight-forward marriage-based GC for the hell of employment-based? Is she crazy? Why can't she attend the interview? What is the "error"? Why cannot she reschedule?

Seems like she is about to do something drastic over a little trivial issue.

All valid questions that need to be addressed. Depending on the nature of the "error" it could have long term immigration consequences (let's say the "error" was a false claim to US Citizenship somewhere in the past for example). The original poster needs to speak with an immigration attorney in detail and get specific advice.