8 teacher, we waited for about three months after submitted second perm application, got audit letter again (first perm, we waited about 2 years and 2 months), this is tougher than last time. It really does not have any hope we will win although my lawyer said don't worry, but I believe I found a bad lawyer. How unlucky I am at this critical time.
Do you have any idea how long does it take to get audit result, for shortest time and for longest time?
-It is very difficult to predict how long the audit will take because it is case by case. Normally, it takes one year around.
8 teacher, can you advise how do I make a timely transfer from H1B to F1. My question is my H1B extension (submitted in Aug2011) is still pending (applied for one year plus outside in China 2 months), will this H1B pending as long as perm is still pending (even in audit process), or USCIS will simply just grant 2 months and extended until end of Nov 2011.
-I really can not predict how long of the duration USCIS will approve your H1 because they may not really when your H1 reaches the 6 year limit (soemtimes they do not check it carefully). But your H1 will be ended on the date your H1 reaches the 6 year limit plus the dates you spent in China during the h1 6 years no matter how long the H1 extension duration USCIS approve (they will check it carefully and find it during your I-485 processing in the future). So, you need to change your status to F1 or leave US before your H1` reaches the 6 year limit. Then, you can change your F1 to H1 and extend it after your PERM pending is for one year or I-140 is approved.
My worry is if I transfer to F1, what if my h1B perm case is approved after I do TR, then I cannot go back to H1B.
-Two choices: 1. You had better go back to China and stay there until your PERM is approved and then, get I-140 approved using premium processing. Then, ask your employer file the H1 petition with extension beyond the 6 year limit (also use premium processing) and get the H1 visa to come back.
2. Another choice is that you may find a school to issue you I-20, then leave US for China before the H1 reaches the 6 year limit. Then, get the F1 visa to come back before the Spring semester begin. Then, once your PERM is approved, file I-140 using premium processing to get it approved, then change your F1 to H1.
You may just give up/ignore your current pending H1 and choose one of two choice I suggest above.
Anyway, you may consult other lawyers because it seems your lawyer is inexperienced.
if I wait until I get the perm result or H1B result, by the date I receive the H1B denial notice, can I still mail the F1 TR documents out on that date? will I be out of status during this time? or I can only apply for F1 while my H1B is in pending status? does it have to be that my F1 receipt date is earlier than the H1B denial notice date, then I won't be out of status?
8 teacher, do you have any good advice? I really cannot go back at this time, pls help, thanks very much!
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