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Hi I need some advice regarding my options.
I work in a university as a medical resident. I am currently on my 6th year of H1. I am from India. Due to some issues with my lawyer my EB2-NIW petition was filed 10 months ago (not 12 months ago). Due to the delay in NSC, I received my RFE today 10 months later. I have not received my RFE letter yet so not sure what it contains. My H1 is due to expire in 15 days. I was hoping my petition would be approved this week
My wife works on F1-OPT currently. I have two kids (both US citizens) including a 3 month old new born. I think I have reasonable job security to take a few months off if needed. I have a year left in my current job and have another university job more 2 more years lined up for after that (2017-2019). I have already recaptured time out of the country also. Both my current and future job will allow H1 and O1. What are my options ?
1) Leave country now with 2 weeks of time on H1 left and take two months leave of absence. Hope to clear my RFE by then. Worst case if denied (I can appeal to get my 365 day pending status) or delayed, extend my H1 simultaneously (365 day rule).
2) Apply for O1 by premium processing.
3) Any other options ?
My concerns with O1 are:
1) Uncertainity of future extensions when switching to non-university jobs.
2) My wife cannot get EAD on O3 as compared to H4-EAD.
My other questions:
1) Can I go on O1 and then my NIW gets approved, can I switch to H1 next year with a pending I-485 or can I only apply for O1 renewal at that time ?
2) If I go out of country now, I will still have 2 weeks of H1 time left. once my I-140 is approved, Can I reapply for H1 and get a three year approval then ? FYI, I am a cap exempt H1.
3) Can I file H1 in california service center with regular processing (8 months delay currently) and then when I come close to my 365 day mark for my pending I-140 apply for premium processing?
4) Does having two US citizen kids help in anyway (please note the tone of this question: desperation !!) ?
Sorry for the lengthy post but any advice would be highly appreciated. I am also gonna talk to my university lawyer but I wanted to know my options before I talk to him.
I work in a university as a medical resident. I am currently on my 6th year of H1. I am from India. Due to some issues with my lawyer my EB2-NIW petition was filed 10 months ago (not 12 months ago). Due to the delay in NSC, I received my RFE today 10 months later. I have not received my RFE letter yet so not sure what it contains. My H1 is due to expire in 15 days. I was hoping my petition would be approved this week
My wife works on F1-OPT currently. I have two kids (both US citizens) including a 3 month old new born. I think I have reasonable job security to take a few months off if needed. I have a year left in my current job and have another university job more 2 more years lined up for after that (2017-2019). I have already recaptured time out of the country also. Both my current and future job will allow H1 and O1. What are my options ? 1) Leave country now with 2 weeks of time on H1 left and take two months leave of absence. Hope to clear my RFE by then. Worst case if denied (I can appeal to get my 365 day pending status) or delayed, extend my H1 simultaneously (365 day rule).
2) Apply for O1 by premium processing.
3) Any other options ?
My concerns with O1 are:
1) Uncertainity of future extensions when switching to non-university jobs.
2) My wife cannot get EAD on O3 as compared to H4-EAD.
My other questions:
1) Can I go on O1 and then my NIW gets approved, can I switch to H1 next year with a pending I-485 or can I only apply for O1 renewal at that time ?
2) If I go out of country now, I will still have 2 weeks of H1 time left. once my I-140 is approved, Can I reapply for H1 and get a three year approval then ? FYI, I am a cap exempt H1.
3) Can I file H1 in california service center with regular processing (8 months delay currently) and then when I come close to my 365 day mark for my pending I-140 apply for premium processing?
4) Does having two US citizen kids help in anyway (please note the tone of this question: desperation !!) ?
Sorry for the lengthy post but any advice would be highly appreciated. I am also gonna talk to my university lawyer but I wanted to know my options before I talk to him.
