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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 11-09-2012, 02:26 PM
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houmanh is on a distinguished road
Default NIW declined-out of status-apply for H-1B

Dear All,
My NIW case got declined, I used the EAD to leave the country-my opt valid until feb 2013- My status is AOS-so I guess my OPT is not valid anymore. I am citizen of Iran and if leave the country for H-1 B stamp I could stock out of US for long. what is my option? I am a tenure-tack faculty at a prestigious US university and the university is willing to apply for H-1 B with premium processing, or PR, or anything else possible- This is the advise I got from University lawyer:
1-appeal for NIW-motion for I-765 for EAD to still be eligible to work - submit a new NIW (since it has been 155 days since I have been AOS) - apply for H1-B

this option is not the most desirable-since once H-1B approved I need to leave US to get it stamped anyway! so I have two questions:

1-Any better option I can have? cause the NIW could get decline again!

2-if H-1B approves in a month, can I not leave the country until summer? cause in summer I have 3 months off-and since for Iranian the clearance takes on average around 3-months- I can safely stay in canada without affecting my work situation in university.
Thanks for your help,

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