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?
-If you plan to leave US and stay in China for one year, it does not matter you leave now or wait for the H1 extension result and then, leave later. Because after you stay in China for one year, you will get another 6-year H1 term. So, you do not need to care about your current 6-year h1 running out.
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.
-It is true that your PERM/I-140 still continue no matter what your status is or you stay in China. But you have to have a status in US if you stay here. If you stay in China, then you can come back to US later usign an H1 visa to work and then, file I-485 when the priority date is current.
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
-Yes. But you can come to US to work using H1 after you stay in China for one year. The critical thing is that your current employer still want to hire you after one year later. If so, you may just go to China for one year and the time is very fast.
I guess Pai Qi takes more than 3 years (mine is EB-3), right?
-Maybe take more time (6-7 years) for EB3.
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?
-Yes, if you want to come to US to file I-485 using this PERM/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.
-For this case, no any lawyer can do anything about it because it is too late. So, just let go and see what will happen. If you can come back on year later, you try to see whether you can find a position to file EB2 category.
Look how unlucky we are!
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