My H1 was just extended until September 2012. I will reach the 6-year H1 limit after next September. Since my current employer doesn't want to support my Green Card application, I am trying to apply for a tenure-track faculty position in a university. This new position will start at the beginning of this October. My questions are:
1. If I get the new position, can the new employer submit its own H1 petition to extend my H1 to next September? Is it still possible to be approved by the USCIS? I worry about it because there is only less than one year H1 left for me at that time (this October).
-No problem for the H1 approval. I have seen that USCIS approved the H1 just for 4 months.
2.. My H1 will have less than one year left this October. At that time, is it still possible that the University starts the Green card process for me under the University/College Faculty Special Handling Process?
-Yes. Using premuim precessing to get the I-140 approved in 15 days after the PERM approval.
3. The University/College Faculty Special Handling Process is not PERM, right?
-It is PERM. Special Handling for PERM does not need to advertise the position and not need to do the recruiment process, but still need to get the prevail wage determination and then, file PERM. After the PERM approval, then file I-140.
4. Do I have to teach in the classroom under the University/College Faculty Special Handling Process?
-Yes. You have to teach the courses.
If yes, do I have to teach over 50% of my work load?
-Not necessary, but of course the more the better for justification.
How do they define the "teaching" concept?
-Teach the course in the classroom as a major instructor.
By the way, if you can not file the green card applcaiiton in time to extend your H-1 beyond the 6 year limit, you may also try O-1 status if your qualification is good (O-1 status does not need to be a teaching position).
