Prematch offer-complicated visa-

S

subrad

Registered Users (C)
Hope someone can offer me some advice.
Here is my situation.
6 years in research in a University expired 10/04. Apllied LC and pending at SESA since 4/03. Apllied for H1B extension 7th year on 8/31/04- not prcessed yet at NSC!
Now offerd prematch in FP residency in the same University- only if I can start early-March/April. My wife applied for citizenship 10/04- no news yet. I dont think her N-400 will be approved by March so I have to buy time until then.
My question
1.Can I apply for a new H1B (new job requirements) based on pending LC. (finished Step1,2,3)
2. Do I have to wait for this H1B to be approved before I can start residency and if so can I do premium processing- if it still exists.
3. Hoping that I can send out the H1B and immediately start residency.
Any advice will be appreciated...
Thank you
Subra
 
Sheesh, that is complex. Just my five cents:

- you can get a pre-match FP position anywhere, anytime. Don't make rash decisions to 'save' that spot. Another one will come around if you can't take it.
- I guess you are banking on your wife filing an I130 for you got get your GC. So you probably don't need your LC to get the GC. What is the job description for the LC ? The service might doubt your sincere will to work as a research assistant again if you have become a board certified FP in the meantime (there is precedent for this. they denied a I485 for an 'office manager' position on someone who had become a subspecialized ENT surgeon in the meantime).
 
Last edited by a moderator:
Hadron,
Thaknks for the reply. I am an old grad- 1984 with passing scores- so I am lucky to get this offer. I will not have a second chance.
I am just trying to buy time so filinf I 140 through employment is not in the horizon. I am hoping to file I 485 when my wife's citizenship gets approved- hopefully sometime in June. Given this: my question was can I file a new H1 based on pending LC and a new job description?
Any inputs.....
 
Job description for previous H1B was research oriented and the new H1 towards residency...just worried the new H1 would be denied (based on pending LC towards research).
 
I don't know.
That is what the attorneys get the big bucks for. You might want to pony up the $$ for a consultation with one of the better ones.
 
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