兩個月前曾請教過你有關H1延期被拒的事情,得到你熱心的回答.從遞上MOTION TＯREOPEN以後,直到昨天才確認,最終我們的MTR還是被拒了.律師已經非常努力的找了三個議員為我們出麵,居然還是這個結果,真沒想到.一個小錯誤造成大麻煩,其中花的錢就別提了!
現在的情況是:回國是一定的.律師給了我們兩個PLANS,如下.你能幫我看看嗎?
1, File for a new H-1b to recapture time. Chances of success are very high. Then go abroad probably to China to get a Visa for you and your wife. It is probable that you would have to pay all the filing costs again [$2185] and also pay the $1,000 premium processing fee because it is otherwise taking 3+ months for H-1b’s. Then you will need to get an appointment in China. You may get hassled in H-1b for your staying after the denial and if you stay past 180 days from the December date(H1expired), it is possible you will get hassled for being subject to the bar. Then you will have to file another H-1b as the extension once you get back into the U.S. this one will only require the $185 fee.
2, You could try doing a labor cert. requiring a master’s. [why did you not do that before?]. You could use your earlier priority date and get your green card sooner. Unfortunately the priority date for June is July 1, 2001 for priority 3 but is July 1, 2004 for priority 2 [requiring a master’s]. This would require all the advertising again.
對第一項我有點不明白,申請新H1不要等一年嗎?而且為什麽回來還要再辦another H-1b as the extension?
一時聯係不上律師,而且很想聽聽你的意見.
謝謝,盼望回複!
現在的情況是:回國是一定的.律師給了我們兩個PLANS,如下.你能幫我看看嗎?
1, File for a new H-1b to recapture time. Chances of success are very high. Then go abroad probably to China to get a Visa for you and your wife. It is probable that you would have to pay all the filing costs again [$2185] and also pay the $1,000 premium processing fee because it is otherwise taking 3+ months for H-1b’s. Then you will need to get an appointment in China. You may get hassled in H-1b for your staying after the denial and if you stay past 180 days from the December date(H1expired), it is possible you will get hassled for being subject to the bar. Then you will have to file another H-1b as the extension once you get back into the U.S. this one will only require the $185 fee.
2, You could try doing a labor cert. requiring a master’s. [why did you not do that before?]. You could use your earlier priority date and get your green card sooner. Unfortunately the priority date for June is July 1, 2001 for priority 3 but is July 1, 2004 for priority 2 [requiring a master’s]. This would require all the advertising again.
對第一項我有點不明白,申請新H1不要等一年嗎?而且為什麽回來還要再辦another H-1b as the extension?
一時聯係不上律師,而且很想聽聽你的意見.
謝謝,盼望回複!
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