Labor Filed in 6th Year of H1B ...Please advice on Potential Options.


akumaar

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Dear Members ,

 

Please advice me on the Potential options with calculated risks that I can take Under my current situation.

 

Rundown of my Situation :

- Current H1B petition Valid until 04/08/2016 (end of 6th year including recap time)

- Employer filed Labor 09/24/2015.(application accepted date)

- Spouse has H1B Visa.(Approved for 2015 cap and in US)

- I have MS from US University (Do not intend to go back to School but will also consider)

- I Work for a Direct client who agreed on Working from OFFSHORE location (In the Worse case)

 

Based on research ,other members experiences and reading , I came up with few scenarios . Please advice if they are valid or suggest a potential approach . Of-course will also consult Immigration attorney ,but before that I need to educate myself of the possibilities.

 

Scenario 1 - Depart US before my H1B expires(Last week of March) and apply for H1B extension once my Labor/I140 is Approved and return after that. Risk are that I will have to face consular processing    and cannot enter US until every thing settles.

 

Scenario 2 - File for H4 COS ,Depart US before my H1B expires and work from offshore. If COS for H4 is approved after leaving US attend consular process for H4. Once Labor/I140 is approved return to US on H4 and file for COS to H1B and extension.

                     

Scenario 3 - Move to F1 Status (If I get Instate) and sit Ducks until my Labor/I140 is approved then file for COS to H1b and extension. Risk is I will have to quit my job and wait for a semester or two to meet 365 days Perm limit. (people may say its abuse of F1 rule, but I did not make them available and I am Paying).

 

Please advice .

 

Much Thanks to all the members taking time to read my Post

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@ jairichi.. Firstly thank you very much for the advice

 

In Option 2 : ( Only my Hypothesis ) To file for COS to H4 so that in the worse case take a chance to avoid risking consular process for H1B . If they reject/Deny visa then My H1B petition for extension based on I140 approval will go waste.

 

If I have a valid visa(H4) to enter US , then I can file for a COS to H1B(not sure if it has premium processing or how long it takes ). 

My assumption could be wrong but , again I am evaluating the best possible way to come out of the situation limiting the risks. 

 

My experience with Consular processing : 

- F1 Visa denied first time ,but approved 2nd attempt weeks apart

- H1B - was issued 221g in 2009 , but approved after 90 days

- H1B - was issued 221g in 2013 , but approved  after 60days (Interviewed for 1 hr before issuing 221g)

 

I pretty much orchestrated the documentation they required in all the three situations. 

 

Appreciate your advice 

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@ jairichi.. Firstly thank you very much for the advice

 

In Option 2 : ( Only my Hypothesis ) To file for COS to H4 so that in the worse case take a chance to avoid risking consular process for H1B . If they reject/Deny visa then My H1B petition for extension based on I140 approval will go waste.

 

If I have a valid visa(H4) to enter US , then I can file for a COS to H1B(not sure if it has premium processing or how long it takes ). 

My assumption could be wrong but , again I am evaluating the best possible way to come out of the situation limiting the risks. 

 

My experience with Consular processing : 

- F1 Visa denied first time ,but approved 2nd attempt weeks apart

- H1B - was issued 221g in 2009 , but approved after 90 days

- H1B - was issued 221g in 2013 , but approved  after 60days (Interviewed for 1 hr before issuing 221g)

 

I pretty much orchestrated the documentation they required in all the three situations. 

 

Appreciate your advice 

 

Filing a COS to H4 and exiting US immediately after that makes no sense. You can just exit and apply for a H4 visa at an US consulate and enter US on H4. Once your I-140 is approved then employer can file for a COS to H1B using approved I-140.

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