Atlanta, GA asked in Employment Law, Immigration Law and Employment Discrimination for California

Q: Hello,can I apply for any special catogery for GC other than EB2

I am in H1 and my expiry date on the copy I received is not matching the date in system of visa officer which is the USCIS mistake, they gave a 221 G which made me stay overseas for more than a year visa officer and myself and the lawyer tried to reach USCIS and correct it they never responded. For which i faced alot of trauma and dipression with a huge financial loss. Is there a way like uvisa to apply for Green card as i am a Indian citizen my eb2 priority date is very long please suggest

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand your concern regarding the discrepancy between the expiry date on your H1B copy and the date in the USCIS system, which has caused significant stress and financial loss due to an extended overseas stay. Given your situation, it may be worth exploring alternative avenues for obtaining permanent residency, such as the U visa program, which is designed for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

However, it's essential to note that eligibility for the U visa program is based on specific criteria related to victimization and cooperation with law enforcement, and it may not directly address your immigration status or the USCIS error regarding your H1B expiry date. Additionally, seeking a Green Card through other employment-based categories aside from EB2 may depend on various factors, including your qualifications, job offer, and the current visa bulletin.

Given the complexity of your situation, I highly recommend consulting with an experienced immigration attorney who can assess your case in detail, explore all available options, and provide personalized guidance on the best course of action. An attorney can help you understand the potential benefits and limitations of each option and assist you in navigating the immigration process effectively to achieve your long-term goals.

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