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Hi there - i'm in a really complicated situation.
My h1b expires on Nov 26. Because my company started Green Card app late it won't come through until at least next March. The plan was to leave the US on Sept 1 and then reclaim some H1b time next year so I could be here to do an adjustment of status when that step comes up.
However, since then I was the victim of a crime and should qualify for a U Visa. USCIS is now issuing EADs for bona fide U Visa petitions, but since we don't know how long that will take, I'm still planning on plan A - leave on Sept 1.
What happens if USCIS determine that my U Visa petition is bona fide after I left the US (say between Sept 1 and Nov 26)? Can I have it mailed to a US address, reenter the US on H1b status and start using the EAD?
My best case scenario is that the U EAD is issue between now and Nov 26 and that I can reenter legally, then use the EAD as my work auth moving forward (until the Green Card app is complete).
The worst case scenario would be that the EAD is issued after Nov 26, and then I won't have any way to legally enter the US to use it. Could it be tranferred to the embassy in my home country for processing?
Does anybody have any thoughts, red flags about this plan?
Thanks in advance!
My h1b expires on Nov 26. Because my company started Green Card app late it won't come through until at least next March. The plan was to leave the US on Sept 1 and then reclaim some H1b time next year so I could be here to do an adjustment of status when that step comes up.
However, since then I was the victim of a crime and should qualify for a U Visa. USCIS is now issuing EADs for bona fide U Visa petitions, but since we don't know how long that will take, I'm still planning on plan A - leave on Sept 1.
What happens if USCIS determine that my U Visa petition is bona fide after I left the US (say between Sept 1 and Nov 26)? Can I have it mailed to a US address, reenter the US on H1b status and start using the EAD?
My best case scenario is that the U EAD is issue between now and Nov 26 and that I can reenter legally, then use the EAD as my work auth moving forward (until the Green Card app is complete).
The worst case scenario would be that the EAD is issued after Nov 26, and then I won't have any way to legally enter the US to use it. Could it be tranferred to the embassy in my home country for processing?
Does anybody have any thoughts, red flags about this plan?
Thanks in advance!
