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This is somewhat complicated so I hope I don't get too confusing. I am in my 6th year of H1B visa, the last two have been with the same employer. They require that you work for them for one year before they'll sponsor your application for permanent residency. My one year anniversary was in October. They started the process in January but the lawyer forgot to mention that there is a one year period that you need to have between filing the petition and requesting the H1B visa extension. I just found that out two days ago. My current visa expires in May and basically she told me how it can't be renewed because of this one year period. She never even looked at my file (or so it appears) since she never mentioned this until Monday and the only reason I found that out is because I asked if it would be advisable for me to travel home to visit my family this summer.
I am married to a permanent resident and he filed a spouse petition for me but that takes an eternity so I am not counting on that coming through any time soon. We have a son who is not even a year old (he was born in the US). Basically, we are in a very desperate situation because there is very little time left to do anything and I am hoping that someone out there has an advice or knows of any options. My employer said they'll do whatever they can to assist me, but I am not sure what they can do when it comes to USCIS rules. I have a Ph.D. and have been in this country for almost 18 years (finished high school, college and grad school). I did apply for permanent residency in 2007 while a postdoctoral fellow but was denied on the grounds that postdoctoral fellowship is not a permanent position. It seems that I have such a bad luck with all of this.
Thanks
I am married to a permanent resident and he filed a spouse petition for me but that takes an eternity so I am not counting on that coming through any time soon. We have a son who is not even a year old (he was born in the US). Basically, we are in a very desperate situation because there is very little time left to do anything and I am hoping that someone out there has an advice or knows of any options. My employer said they'll do whatever they can to assist me, but I am not sure what they can do when it comes to USCIS rules. I have a Ph.D. and have been in this country for almost 18 years (finished high school, college and grad school). I did apply for permanent residency in 2007 while a postdoctoral fellow but was denied on the grounds that postdoctoral fellowship is not a permanent position. It seems that I have such a bad luck with all of this.
Thanks
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