Question on Change of Status

[omegadev]

I currently reside in the US, and I'm currently in H1-B status, that's valid until September 31 2014. I've been here since 2005 for school on F1, then transitioned to OPT, then H1-B in 2012. The company I currently work for has already started the process for filing for another H1-B visa for me. I also have an approved I-130 for permanent resident status through my wife who is also a permanent resident. My priority date is March 26th 2014, hence the reason for filing for another H1-B, because there's no telling when a visa will become available or when my priority date will become current so I can file the I-485.

My question, in the event that the H1-B extension gets denied, are there any options that I can explore to legally remain in the US while I wait for a visa to become available?. I know that I can always go back to school, but are there any other visas or status' I can get through my wife who is a permanent resident?

 

[Jackolantern]

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If you're Australian, you might qualify for an E visa: http://www.uscis.gov/uscis-tags/unassigned/e-visas


If you're Canadian, you might qualify for TN status.

But for either of the above, if you apply to stay with the same employer, you may be denied for the same reason that caused your H1B extension to be denied.


Outside of those, your other theoretical options are unlikely:

O-1 visa: Do you have the “extraordinary ability” to qualify? That would seem unlikely at this early stage of your career, unless you did some kind of outstanding research in graduate school.

Diversity Lottery: only 50,000 of these green cards are granted per year, out of millions who apply. And some countries are disqualified because they already send large numbers of immigrants to the US. The process also takes more than a year, so if your H1B extension is denied you'd have to leave the US to wait out the lottery process.

Asylum: do you have a valid case for claiming persecution in your country of citizenship?

Going back to F-1 status: You're married to a permanent resident and have an approved I-130, so immigrant intent becomes an obstacle.