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  • URGENT HELP

    Hi
    I came to USA on H1-B visa in July 2001. I got married with a green card holder in Sep 2001 and my spouse filed I130 for my GC. When i came here I had no job for the next 9 months. my employer did not revoke my H1. I found a project in April 2002 and my employer issued pay checks for next 3 months. then after one month gap I found another project and my employer started paying and will continue to do so until the project expires.

    My H1-B visa will be expired in Feb 2003 and my Employer says he can file for extension of H1-B if the project will continue till Feb 2003. At this point i have some questions in my mind:

    Is there any chance to get extension in H1-B when i am only paid for few months?
    Is there any other process which can help me staying in USA legally untill i get my GC?

    Looking forward to your positive reply

    skas

  • #2
    Hi
    I came to USA on H1-B visa in July 2001. I got married with a green card holder in Sep 2001 and my spouse filed I130 for my GC. When i came here I had no job for the next 9 months. my employer did not revoke my H1. I found a project in April 2002 and my employer issued pay checks for next 3 months. then after one month gap I found another project and my employer started paying and will continue to do so until the project expires.

    My H1-B visa will be expired in Feb 2003 and my Employer says he can file for extension of H1-B if the project will continue till Feb 2003. At this point i have some questions in my mind:

    Is there any chance to get extension in H1-B when i am only paid for few months?
    Is there any other process which can help me staying in USA legally untill i get my GC?

    Looking forward to your positive reply

    skas

    Comment


    • #3
      If you can afford get a lawyer, there is a so-called employment-based petition, I mean, tell your employer to sponsor you so that you can obtain a labor certification. If you are a professional/skilled worker, priority date is current.

      Comment


      • #4
        Hey folks,
        This came into my mind while I was reading people's postings. Isn't it strange that while there are dependent visas available for non-immigrants (H4, F2, etc), there is not dependent visa for PR?? Isn't it a bit unfair?

        Comment


        • #5
          Skas, maybe you can consider changing to F1 status. Employment-based petition might not work for you, as you need to demonstrate that you are well paid for at least some amount of money.. they'll find out that you've only been paid several months through your tax returns.

          Comment

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