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Hello All Experts,
You all are doing great in helping.
Here it is: After 7+ months of deliberation in getting my H1B stamped from the OLD company due to some serious false allegations by my wife(haven't seen my baby in all these months), my visa was finally stamped. Now the TWO owners of the OLD company, SEPARATED and the company is dormant that filed for my H1B.
My H1B and I94 are BOTH expiring in early September FROM THE Same OLD company.
I was told by the Immigration lawyer to do OPTION 1 which is:
OPTION 1:
I should file for the NEW H1B petition through the NEW company AND get the VISA AGAIN through the NEW company before coming to the US.
I dont want to do that : Primarily deliberating on one way road with US Consulate to grant me the VISA again for the fear of taking another 7 months to grant me the VISA. Also, I have to be honest telling in the H1B Petition about the False Allegations since that is in the records and not proven yet.
I proposed TWO options (Since I want to go to the US, fight for my allegations, earn and pay off my debt.) OPTIONS 2 and OPTION 3
OPTION 2: I go back to the US with the recently granted VISA and STAMPING based on the OLD COMPANY and then Transfer to the NEW company in Normal processing to buy time to fight for my allegations by my wife. The CATCH I see is my I94 is expiring at the same time when my H1B is expiring, Early Sept 2018.
I am granted 240 days of extension beyond I 94 as I know and I can use that to stay in US legally. I dont want to do any thing illegal either.
OPTION 3: WHILE staying in INDIA, File for my LCA and get H1B RECEIPT from the NEW company by the Immigration lawyer. Go to the USA before the VISA expires from the OLD company and then do the wait of them transferring the NEW company (and work etc.).
My I 94 expires in early Sept 2018.
What would help me to get back to USA safely and still stay in status, work and fight for my allegations and pay off all my debt.
Please advice what OPTION is the BEST, OPTION 1,2, or 3?
MissingMyBaby
You all are doing great in helping.
Here it is: After 7+ months of deliberation in getting my H1B stamped from the OLD company due to some serious false allegations by my wife(haven't seen my baby in all these months), my visa was finally stamped. Now the TWO owners of the OLD company, SEPARATED and the company is dormant that filed for my H1B.
My H1B and I94 are BOTH expiring in early September FROM THE Same OLD company.
I was told by the Immigration lawyer to do OPTION 1 which is:
OPTION 1:
I should file for the NEW H1B petition through the NEW company AND get the VISA AGAIN through the NEW company before coming to the US.
I dont want to do that : Primarily deliberating on one way road with US Consulate to grant me the VISA again for the fear of taking another 7 months to grant me the VISA. Also, I have to be honest telling in the H1B Petition about the False Allegations since that is in the records and not proven yet.
I proposed TWO options (Since I want to go to the US, fight for my allegations, earn and pay off my debt.) OPTIONS 2 and OPTION 3
OPTION 2: I go back to the US with the recently granted VISA and STAMPING based on the OLD COMPANY and then Transfer to the NEW company in Normal processing to buy time to fight for my allegations by my wife. The CATCH I see is my I94 is expiring at the same time when my H1B is expiring, Early Sept 2018.
I am granted 240 days of extension beyond I 94 as I know and I can use that to stay in US legally. I dont want to do any thing illegal either.
OPTION 3: WHILE staying in INDIA, File for my LCA and get H1B RECEIPT from the NEW company by the Immigration lawyer. Go to the USA before the VISA expires from the OLD company and then do the wait of them transferring the NEW company (and work etc.).
My I 94 expires in early Sept 2018.
What would help me to get back to USA safely and still stay in status, work and fight for my allegations and pay off all my debt.
Please advice what OPTION is the BEST, OPTION 1,2, or 3?
MissingMyBaby
