I seem to be embroiled in a PERM + H1 visa confusion and would greatly appreciate if someone can see through the cracks and help me out.
My company is filing my PERM application in a week in EB3 category (sob sob..) and at the same time they are converting my L1A visa to H visa. And my LH visa maxout is on 23Nov2012. They are saying they will file I-140 in premium.
My 2 questions are:
a) Is this feasible or has high potential for rejection of my H1 visa?
b) are there alternatives to EB3 like applying for EB2 later (I know i need a new PERM process) with another company.
My current visa: L1A
Visa Expiry: 08Sep2012 (not relevant here, I guess)
I94 Expiry: 30Jan2015 (this does not help as maxout overrides expiry acc to my company)
L Maxout: 23Nov2012 (after adjusting vacation days outside US) Why EB3: I do not have 5 years experience outside my company (applying for same skillset) and I have a Bachelor's 4 year degree from India.
Question 1: Is this feasible or has high potential for rejection?
So I am on my 7th year of L visa. I am curious how would my H1 visa conversion be accepted by USCIS because logically I have already completed by 6 years maxout.
it would not considered as AC21 because I am filing my PERM now (not yet filed) hence not eligible for either the 1-year or 3-year extension. Hence I do not understand how does the H1 situation figure out in this mess.
After asking my company, they said they will take care of it, hence thought I would turn to the experts here just to be sure.
Question 2: are there alternatives to EB3 like applying for EB2 later (I know i need a new PERM process) with another company.
Considering all goes well with my H1 visa, filing in EB3 itself would have me stuck with my company for a decade. Are there viable options later to convert this to EB2 (or new PERM filing in EB2)? I had 2 options I was thinking about:
Option A: After I-140 approval, with my H1 visa extended, quit my company and join a company that agrees to process in EB2 (because at that time I would have met the EB2 eligibility of Bachelor's degree + 5 years of experience outside the same company). The downside: getting such an employer to agree to these terms would be tough. And there is the risk of my I140 being revoked by my former company.
Option B: Move out of US to India from the same company, spend a year there to reset the maxout, come back with a new visa and apply in EB1 category (I am currently in a managerial position. Cannot apply for EB1 because I dont have 1 year managerial experience outside US).
Option C: Get a Master's degree (was in my ToDo list for quite some time anyway) and see if it improves my chances of getting a new EB2 filing.
Option B and C are my last resort options.
Can you please let me know if Option A is a feasible approach (given its risks)?
My goal is to continue my stay in US. Any other alternatives you could suggest would be great.
Please let me know if you need more information.