8 teacher, my lawyer said leaving before reaching 6 year limit,

來源: 實在焦急於 2011-10-11 09:35:42 [檔案] [舊帖] [給我悄悄話] 本文已被閱讀：次 (3450 bytes)

8 teacher, my lawyer said leaving before reaching 6 year limit, and wait in China until perm/audit/I-140 approved, then extend 3 years, ideally, it is good, but officer may likely reject. He suggest us continue to stay until H1b denied, said we don’t have to leave in 10 days, overstay 1 or 2 months is ok, do you think so?

We made decision that leaving before reaching 6 years limit, right now we can only hope, “si ma dang huo ma yi”. Because we have to leave anyway, and don’t hope uscis will mistakely extend us one more year, even if they make this mistake, we can still come back as H, right?

My lawyer suggest us, wait until H1 denied, current perm/I-140 can be continued, said it is nothing to do with it even if H1 expired, said we can apply a new H1B come in one year later, and if I-140 is approved, and then wait until “pai qi” is available, then adjust I-485. 8 teacher, my questions, my new H1B job title has to be the same as my previous job title, in order to use my I-140 (if it is approved in July of 2012 or so).

Another question, if my I-140 is approved in July of 2012, can I wait “pai qi” in China? I guess Pai Qi takes more than 3 years (mine is EB-3), right? Or while waiting for “Pai Qi”, I have to be on H1B? and work on same job title as the job title on my approved I-140?

I am glad I asked you first, and my lawyer didn’t reply me in detail, and I checked the lawyer you suggested (Zhang, their charge is so unreal, so I give up, I guess no one can save us, it is just sometimes we cannot face the fact, we either apply new H1B in, or either come in on other visa, I don’t really have much hope we will win our audit, because lawyer told me you can just say you just received one resume!!! Labor Dept will pick on any flaw and deny us, like the first perm we did, we did honest interview and documented all, and they picked on a “Zhi Ma” and denied us, so for this second perm, they will most like deny us on any reason they want.

And we paid money for the lawyer already, we are running out of both time and money. I guest we just need to stick with him, and if later perm/I-140 is denied, we then switch other lawyer. Look how unlucky we are!