Hi all,
This is my situation currently.
My H1-B expires on Jan 11, 2006. (after time spent outside US was recaptured).
The LC application was filed using the PERM process and the approval just came through couple of days back.
The Law firm will be submitting the I-140 application tomorrow(11/17/2005). (They expect it to get approved in 2 to 3 months)
The question I have are as below
1. What is the likelihood of the I-140 getting approved in the next 2 to 3 months?
2. Is there any status other than H1-B that I convert to right away - so that I can have the remaining time on my H1-B recaptured when the I-140 gets approved - while I stay here in the US? (My lawyers suggested changing to a student status - but that seems unlikely as getting enrolled in a college at such short notice seems difficult)
The lawyers are suggesting going back to India with 1 month left on the H1-B, so that I can recapture that time when the I-140 gets approved - and then come back to the US on the remaining 1 month of the H1-B.
The worry I have with that option is that the earliest I can get an appointment at the Chennai consulate - even if I apply today, is April 2006. Moreover, I am wondering if the consular officials will have issue with the fact that they are giving me a visa just for a month
My company is looking at options of employing me from Canada in the meantime - so that they can at least circumvent the delay caused by the long delay in getting a visa appointment from India - but the processing of that potentially is going to take 4weeks - 8weeks.
Any advice is extremely appreciated.
This is my situation currently.
My H1-B expires on Jan 11, 2006. (after time spent outside US was recaptured).
The LC application was filed using the PERM process and the approval just came through couple of days back.
The Law firm will be submitting the I-140 application tomorrow(11/17/2005). (They expect it to get approved in 2 to 3 months)
The question I have are as below
1. What is the likelihood of the I-140 getting approved in the next 2 to 3 months?
2. Is there any status other than H1-B that I convert to right away - so that I can have the remaining time on my H1-B recaptured when the I-140 gets approved - while I stay here in the US? (My lawyers suggested changing to a student status - but that seems unlikely as getting enrolled in a college at such short notice seems difficult)
The lawyers are suggesting going back to India with 1 month left on the H1-B, so that I can recapture that time when the I-140 gets approved - and then come back to the US on the remaining 1 month of the H1-B.
The worry I have with that option is that the earliest I can get an appointment at the Chennai consulate - even if I apply today, is April 2006. Moreover, I am wondering if the consular officials will have issue with the fact that they are giving me a visa just for a month
My company is looking at options of employing me from Canada in the meantime - so that they can at least circumvent the delay caused by the long delay in getting a visa appointment from India - but the processing of that potentially is going to take 4weeks - 8weeks.
Any advice is extremely appreciated.
