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Came on H1-B, Green card rejected, staying on F2, Solution??????

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  • Came on H1-B, Green card rejected, staying on F2, Solution??????

    Hi there,

    I entered US in Jan 2005, my employer started my green card process in 2006. I Got the first query in 2007 Dec for the company's financial documents. Next another query regarding the family relationship between the employer and me(employee) due to the same Last Names. (My sister-in-law is my employer) We both responded to that query by written letters saying, we are related but the employee is academically qualified for the job that the company offered. My Green Card application was finally denied including the appeal in Nov 2009. By Jan’ 2011 I finished my 6 years of stay in the USA on H1-B and applied F1 for my spouse and it was approved immediately. As I don't have work permit, I am planning to go and stay in India for 1 full year then attend the consulate interview for new H1-B. My employer is also willing to apply L1 for me, because the company has a branch in India too.

    Here are my Questions:

    1. Which visa is good for me to get my green card H1-B? or L1A? (Anyway I cannot get GC through my existing Employer)

    2. Am I at risk leaving to India and attending the interview at the US consulate in India because I am carrying the following negative points
    a. My Green card rejection case
    b. Employer family relationship
    c. my extended stay in the USA after H1B (changed to F2)

    3. What are your suggestions in this situation?


    Please advise

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