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change of status to H1 while on TPS.
I was on J1 and my wife was on J2. Our J1/J2 status expired in August/2012
While still on J1/J2 status (in May/2012) we both applied for TPS (teporary protected satus) as citizens of Syria. Both approved in Dec/2012.
In April/2012 I obtained a hardship waiver from the two years home country condition.
In June/2012 my employer filed an petition on my behalf for a cap exempt H1b. The decision came as approval for the H1b classification but referred for consular processing (considered inelegible for change of status in the US since I was on J1). The USCIS notice mentioned that they sent a notification to the consulate of Amman to speed the process.
1. Can my employer resubmit a petition for H1b since I'm no longer on J1 (currently on TPS), or the decision is expected to be the same as the first time (for consular processing)?
If I apply for H1b in an abroad consulate and it is denied or takes long (citizen of Syria, my DHS clearance in the past took 2 months), is it safe that I'll be able to reenter the US on advance parole?
3. The USCIS sent a notification to the consulate in Amman. Will that speed the clearance process or the clearance doesn't start until after the interview?
4. Can I go to Canada or Mexico instead of Amman for the consular processing.
While still on J1/J2 status (in May/2012) we both applied for TPS (teporary protected satus) as citizens of Syria. Both approved in Dec/2012.
In April/2012 I obtained a hardship waiver from the two years home country condition.
In June/2012 my employer filed an petition on my behalf for a cap exempt H1b. The decision came as approval for the H1b classification but referred for consular processing (considered inelegible for change of status in the US since I was on J1). The USCIS notice mentioned that they sent a notification to the consulate of Amman to speed the process.
1. Can my employer resubmit a petition for H1b since I'm no longer on J1 (currently on TPS), or the decision is expected to be the same as the first time (for consular processing)?
If I apply for H1b in an abroad consulate and it is denied or takes long (citizen of Syria, my DHS clearance in the past took 2 months), is it safe that I'll be able to reenter the US on advance parole?
3. The USCIS sent a notification to the consulate in Amman. Will that speed the clearance process or the clearance doesn't start until after the interview?
4. Can I go to Canada or Mexico instead of Amman for the consular processing.
