I had applied for an exceptional hardship waiverbased on the medical needs of my US born son who has autism . I was granted a waiver in March 2007.
Based on this my employer filed for an H-1 B petiotion in the master's quote which was also approved.
HERE is the twist:
Afterreceiving a waiver I had to apply for an extension of my Ds-2019 from 06/30/2007 till 08/31/2007 to enable me to take my boards.
THIS EXTENSION was purely to enable me to take my boards and did not any way constitute an extension of my training or work . ECFMG said that this was a routine matter and the fact that I had a waiver did not preclude me from getting an extension.
I Got the Extension
As of today my employer's attorney want me to withdraw the extension of Ds-2019 and leave the US by 7/30/2007. Her logic is that since I got an extension of my DS-2019 after receiving a waiver I might be again subject to the 2 year home rule requirement. Mind you this 2 month extension was to just enable me to take my ABPMR boards.
2) She wants me to go India and apply for an H-1 B visa is this safe in the current circumstances. I do have a canadain vistor visa till 8/15/2007.Can I apply for an H-1 B visa prior to that date in Canada and then proceed to India and later return to the US.
Please advise me to the best outcome for me.
Based on this my employer filed for an H-1 B petiotion in the master's quote which was also approved.
HERE is the twist:
Afterreceiving a waiver I had to apply for an extension of my Ds-2019 from 06/30/2007 till 08/31/2007 to enable me to take my boards.
THIS EXTENSION was purely to enable me to take my boards and did not any way constitute an extension of my training or work . ECFMG said that this was a routine matter and the fact that I had a waiver did not preclude me from getting an extension.
I Got the Extension
As of today my employer's attorney want me to withdraw the extension of Ds-2019 and leave the US by 7/30/2007. Her logic is that since I got an extension of my DS-2019 after receiving a waiver I might be again subject to the 2 year home rule requirement. Mind you this 2 month extension was to just enable me to take my ABPMR boards.
2) She wants me to go India and apply for an H-1 B visa is this safe in the current circumstances. I do have a canadain vistor visa till 8/15/2007.Can I apply for an H-1 B visa prior to that date in Canada and then proceed to India and later return to the US.
Please advise me to the best outcome for me.