h1-b Advance Parol to H1-B or O1-B

[Chegie 0]

I moved from Europe to New York year ago and married to US citizen on Tourist Visa. Started process for permanent Status Adjustment in December last year. Received Advance Parol for one year in March this year. Immediately I get job to work as video artist in 50 years old non profit performance theather with a good reputation (earn 38k per year). Now when Green Card interview is around the corner my wife wants to withdraw process and file a divorce. 

I want to stay and work for this company and Im looking for another type of visa before Green Card Interview. Company wants to support and keep me but since we are nonprofit I will need to pay for the process. Options Im considering are O-1B or H1-B. I have couple of shows produced in US and appeared in media with letter of recommendations. Looking for easiest option time and money wise. In future I would love to work as freelancer but seems Im short with time for O-1B now. I heard there is cap-exempt H1-B for nonprofit. Is this true? Can I file H1-B nonprofit without lawyer? What do you recommend me?

Edited October 17, 2019 by Chegie

[SusieQQQ 11,586]

It's illegal for you to pay for a H1 process.

 

There have been others here with successful O1 applications, do browse ths forum. Some of them have taken quite a long time though.

 

By the way when you say "advanced parole" I presume you have an EAD too and that is what you are working on?

 

Edited October 17, 2019 by SusieQQQ

[Chegie 0]

1 minute ago, SusieQQQ said:

It's illegal for you to pay for a H1 process.

This is not big deal. How much time it will take me when I apply for nonprofit H1-B?

[SusieQQQ 11,586]

2 minutes ago, Chegie said:

This is not big deal. How much time it will take me when I apply for nonprofit H1-B?

 

What's not a big deal? The company paying, or you breaking the law?

[Chegie 0]

 

36 minutes ago, SusieQQQ said:

By the way when you say "advanced parole" I presume you have an EAD too and that is what you are working on?

Yes I have EAD for one year and working on it from March this year. 

[fs2439 46]

yes there is a cap-exempts h1-b for nonprofits. h1-b is much easier and less time consuming, especially with a cap-exempt employer! 

[fs2439 46]

your wife should not withdraw now though. did you discuss this with her before applying for the greencard? many americans do not understand how complex this process is for immigrants

[Chegie 0]

12 minutes ago, fs2439 said:

your wife should not withdraw now though. did you discuss this with her before applying for the greencard? many americans do not understand how complex this process is for immigrants

I tried so many times. She does not care about me anymore. 

[SusieQQQ 11,586]

1 hour ago, fs2439 said:

your wife should not withdraw now though. did you discuss this with her before applying for the greencard? many americans do not understand how complex this process is for immigrants

You think his wife should stay in a marriage she doesn’t want to be in just so he can get a green card? 

 

3 hours ago, SusieQQQ said:

 

What's not a big deal? The company paying, or you breaking the law?

This question wasn’t answered yet...

[Chegie 0]

3 hours ago, SusieQQQ said:

 

What's not a big deal? The company paying, or you breaking the law?

The company will sponsor me. 

[fs2439 46]

17 minutes ago, SusieQQQ said:

You think his wife should stay in a marriage she doesn’t want to be in just so he can get a green card? 

 

This question wasn’t answered yet...

 

19 minutes ago, SusieQQQ said:

You think his wife should stay in a marriage she doesn’t want to be in just so he can get a green card? 

 

This question wasn’t answered yet...

this question will also go unanswered, given the inappropriate tone that it adopts.

[SusieQQQ 11,586]

50 minutes ago, fs2439 said:

 

this question will also go unanswered, given the inappropriate tone that it adopts.

That’s ok, it was rhetorical.

 

by the way: what is inappropriate is suggesting that someone go along with a false basis for claiming a green card, which is what claiming a marriage-based AOS on a broken down marriage is.  

Kudos to the OP for looking for a legal, ethical alternative.

 

 

 

 

1 hour ago, Chegie said:

The company will sponsor me. 

Great. They'll also have a lawyer who will deal with all the aspects then.

Edited October 17, 2019 by SusieQQQ

[USS_Voyager 1,972]

3 hours ago, fs2439 said:

yes there is a cap-exempts h1-b for nonprofits. h1-b is much easier and less time consuming, especially with a cap-exempt employer! 

 

2 hours ago, Chegie said:

The company will sponsor me. 

One word of caution, not all nonprofits are cap-exempt. It has to be “institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations.” If your employer does not fall into those categories, the H1B will be cap-subjected and that is a dead end because the cap was filled in like 5 seconds  after the application window opened this year back in April 1st. Just so you know, every year USCIS receives more than 200,000 H1B petitions on April 1st, the first day anyone can apply H1B for the next fiscal year, against a quota of 65,000 (+20,000 reserved for advanced degrees people). So you’re pretty much screwed if you’re not cap-exempt. The vast majority of the H1B go to the tech giants like Google, Facebook, Microsoft, ... and the Indian consulting companies. 

Edited October 17, 2019 by USS_Voyager

[fs2439 46]

6 minutes ago, USS_Voyager said:

 

One word of caution, not all nonprofits are cap-exempt. It has to be “institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations.” If your employer does not fall into those categories, the H1B will be cap-subjected and that is a dead end because the cap was filled in like 5 seconds  after the application window opened this year back in April 1st. Just so you know, every year USCIS receives more than 200,000 H1B petitions on April 1st, the first day anyone can apply H1B for the next fiscal year, against a quota of 65,000 (+20,000 reserved for advanced degrees people). So you’re pretty much screwed if you’re not cap-exempt. The vast majority of the H1B go to the tech giants like Google, Facebook, Microsoft, ... and the Indian consulting companies. 

it's good to find that out. my employer does not fit clearly into these categories (I don't think) and is cap exempt somehow.... hr will tell you this first thing

[Chegie 0]

6 hours ago, USS_Voyager said:

 

One word of caution, not all nonprofits are cap-exempt. It has to be “institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations.”

Thanks for detailed answer. My company is nonprofit and don't have lawyer in house. Based from their presence can you tell if the are cap-exempt? 

Edited October 18, 2019 by Chegie