回复:mytwocents, 你还在吗?我又有问题请教了.
两个月前曾请教过你有关H1延期被拒的事情,得到你热心的回答.从递上MOTION TOREOPEN以后,直到昨天才确认,最终我们的MTR还是被拒了.律师已经非常努力的找了三个议员为我们出面,居然还是这个结果,真没想到.一个小错误造成大麻烦,其中花的钱就别提了!
现在的情况是:回国是一定的.律师给了我们两个PLANS,如下.你能帮我看看吗?
1, File for a new H-1b to recapture time. Chances of success are very high. Then go abroad probably to China to get a Visa for you and your wife. It is probable that you would have to pay all the filing costs again [$2185] and also pay the $1,000 premium processing fee because it is otherwise taking 3+ months for H-1b’s. Then you will need to get an appointment in China. You may get hassled in H-1b for your staying after the denial and if you stay past 180 days from the December date(H1expired), it is possible you will get hassled for being subject to the bar. Then you will have to file another H-1b as the extension once you get back into the U.S. this one will only require the $185 fee.
2, You could try doing a labor cert. requiring a master’s. [why did you not do that before?]. You could use your earlier priority date and get your green card sooner. Unfortunately the priority date for June is July 1, 2001 for priority 3 but is July 1, 2004 for priority 2 [requiring a master’s]. This would require all the advertising again.
对第一项我有点不明白,申请新H1不要等一年吗?而且为什么回来还要再办another H-1b as the extension?
一时联系不上律师,而且很想听听你的意见.
谢谢,盼望回复!
