meenakshisundaramp Posted March 29, 2016 Report Share Posted March 29, 2016 Hi I am in L1 visa and i didnt get picked in any of previous H1b lottery and i dont have any visa maxout so i am left out with going outside of US in few months. Because of recent USCIS policy change i couldnt apply in the current H1B lottery on April 1 2016. I have my I140 approved and my prioity date is 2011, Is there way that i can apply EAD through consular processing? if i do can i get my AP&EAD together and using that i can come into US again. But after coming here only i can go for my medicals if i can. Anybody have any suggestions? It will be really helpful if someone throw light on my case. Sundar Link to comment
pontevecchio Posted March 30, 2016 Report Share Posted March 30, 2016 Stay out for one year and return in L1 status. Link to comment
meenakshisundaramp Posted April 6, 2016 Author Report Share Posted April 6, 2016 Hi pontevecchio Thanks for your reply, So you mean consular processing could be tough and better come here in a visa? If my employer did process H/L for me. can i apply ead through consular processing with my own lawyer. Link to comment
pontevecchio Posted April 6, 2016 Report Share Posted April 6, 2016 CP does not give you an EAD. If you want to return then come back next year in L1 status after staying out one year and also ask your I-140 filer to file your H1 next year. Link to comment
meenakshisundaramp Posted April 6, 2016 Author Report Share Posted April 6, 2016 Hi Thanks for the reply. Really sorry i didn't get your explanations, if i go out of US once i completed my maxout period in L1 and after a while if my priority date gets current i should be able to submit i485, but if i still remain outside because if i didn't get any L/H visa i have to go with CP option? You mean to say that is not possible? I will remain with my same employer even outside of US and they are ready to give any documentation if needed. So if i go with my own lawyer and apply for EAD after my priority date is current, I should get EAD and AP correct? If i didn't mention it properly in my original question sorry for that. Link to comment
pontevecchio Posted April 6, 2016 Report Share Posted April 6, 2016 Stay out for one year. Then see if they will send you again in L1 status giving you 5 potential years in L1 from then. Once your dates are current apply for AOS. Link to comment
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