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H1B revival or any other option.

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  • H1B revival or any other option.

    This is going to be bit lengthy, pardon me for that. In the end I have two questions. Please read it to understand some complexities involved.

    • Came to USA on on F1 visa valid for 5 years. (Dec25,2005)
    • Got first intern-ship in Company A for two 4 months terms( Sep ’06 – April '07)
    • Visited India. ( May ’07 – June ’08)
    • Got second intern-ship in Company Bfor 4 months( worked additional two months on OPT)(Sep ’07 – Feb ’08)
    • Done with course work for Master's, thesis was yet to submit.(Dec ’07)
    • Started OPT.(Jan01 ’08 – Dec 31 ’08)( rule of additional 17 months of OPT was not yet introduced)
    o Worked for second intern-ship for first two months of OPT(as mentioned earlier)( Jan ’08 – Feb ’08)
    • Got full time job in Company C(March ’08), Applied for H1B. (April ’08)
    • Got approval of H1B around (June '08.)
    • H1B came into effect (Oct '08.)
    • Got laid off (Nov26 ’08)
    • Still MS wasn't done so did not enroll in any other program.
    • Was told that going back to OPT is not an option since I was already on H1B.
    • Applied for H1B-transfer from company D (Feb '09)
    o Things stated going down-hill from here.
    o Still not sure what the Company D guy actually did, not even sure that he actually applied for H1B transfer or not---nothing.
    o Charged me $1500/$2000 (don’t remember the exact figure) for application fees and other expenses.
    o Did not work for him for a single day. It was just an arrangement to be in status until some other offer comes along.
    o He never gave me any update regarding the paper work.
    o He gave case # and I checked on USCIS website, which said followingAround April '09)
    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
    On March 4, 2009, we transferred this I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you
    o This is what he said, when I enquired about the above update on USCIS website: "That is not a receipt or approval, so nothing to worry, we have already got receipt notice. I will keep you posted if get any update On March 4th they have just sent out INFORMATION regarding case transfer.. so that is not so important"
    o Got denial. (Around July '09.)
    o I was told by guy from Company D that he is going to file petition against the denial.
    o Again months went by without any updates, exchanged some information over the phone and he told me that petition against denial is still in process. (Aug ’09 – March ’10)
    o Finally he gave update. He said that the petition also got denied, this is what he said: "The petition has been denied again. I tried my best but did’t work. Please let me know if you need any of my help.
    Sorry I missed your earlier email." (March ’10)
    • Master's thesis was still pending, so thought of returning to home (in India) only after finishing masters, which initially I thought might take some weeks.
    • Weeks turned into months and moths turned into years, couldn't finish my thesis until Sep'2011.
    • In hindsight, I realize now that I was clinically depressed but didn't realize then and didn’t do anything about it at that time.
    • I-94 which came along with approval of H1B was valid till Sep26 ‘11, so left the country on Sep25 ‘11.
    • Still have not submitted master's thesis.
    • I have started working here in India as an Engineer.( May ’12)
    Additional information:
    • All along Girlfriend from India was there in the US( She arrived in US on Sep04 ‘06 on F1 and she is still there in the US)
    • She holds H1B since Oct '09.
    • Applying for her GreenCard is on the cards, not yet started the procedure.
    • We are planning to get married in next six months.
    Future plan of action and questions:
    • I want to come back to US and work as an engineer. (I have done Mechanical Engineering, I work as an Engineer in automotive domain.) I do not want to come to US to do some non-engineering work or sit ideal.
    Here are the questions:
    o What is the possibility of reviving my H1B after so many issues around it?
    o Coming there on Spouse (would be)’s dependent visa.
    • Any other suggestion?