Seeking advice on whether to move to another country or not…

[ishikasoni50 0]

Hey guys. I came to America in 2010 on an L2 visa, the primary applicant was my dad. It has been 14 years but we still have not received our green card. Our lawyer messed up in the process and didn’t submit a document on time and I think because of that, we have an overstay label and that is why it is taking so long. 

 

Besides this, I worked hard in school, got some internship experience at Microsoft as a software engineer, and recently graduated with a Computer Science degree. I ended up getting a return offer from Microsoft to come back as a full-time software engineer. 

 

Last December, I turned 21. But my dad filed for a new EAD before I turned 21. In February of this year, it was terminated. And we never got a notice. 

 

Days went by and we still didn't get a notice and my EAD ended up expiring in April of this year. We thought the EAD was just taking too long to process but it was terminated all along - when I started to to fill out the I-9 forms for Microsoft, I checked the status of the EAD online and finally found out that my EAD was terminated. And because we couldn’t apply before my EAD expired, the automatic 180-day extension doesn’t apply here either. 

 

My start date is coming up on August 5, and I have updated Microsoft about my situation and they are doing an assessment right now to see how they can help me in terms of visa hiring. I am very stressed and nervous that they might even withdraw the offer if it’s too much for them. 

 

I’d love to seek some advice here and see what you guys think I can do. I have given a lot of thought to moving to a different country like Canada because it seems like the only way to start fresh with a clean slate. But please let me know what you guys think.

 

 

TLDR: I've been in the U.S. since 2010 on an L2 visa and still haven't received a green card due to a lawyer's mistake, leading to an overstay label. Despite this, I graduated with a Computer Science degree and got a full-time offer from Microsoft after interning there. However, my EAD was terminated without notice (I think because I turned 21), and now I'm unable to work legally. Microsoft is assessing my situation, but I'm stressed they might withdraw the offer. I'm considering moving to another country to start fresh. Any advice?

[kiwibean 49]

The advice for choosing a college is to go where they show they want you.  And the US is doing a bad job of that!  Maybe suggest to Microsoft that you're also open to moving to another country?  But if you can get a visa for Canada it does sound like a good choice!  Or Australia, NZ, UK - anywhere that is going to be better than fighting an uphill battle with the US immigration system (given where you are now)

Edited July 25 by kiwibean

[ishikasoni50 0]

@kiwibean Yeah, I have already let them know but I'll clear it up again with them, thanks!  

 

It has been 14 hard years fighting this uphill battle. It really does make me want to just pack everything up and leave for another country.

 

My I-485 has been pending since 2020, I don't even know if my green card will ever be approved because of the overstay label we have. Any thoughts on this? 

 

 

[thonati 37]

30 minutes ago, ishikasoni50 said:

@kiwibean Yeah, I have already let them know but I'll clear it up again with them, thanks!  

 

It has been 14 hard years fighting this uphill battle. It really does make me want to just pack everything up and leave for another country.

 

My I-485 has been pending since 2020, I don't even know if my green card will ever be approved because of the overstay label we have. Any thoughts on this? 

 

 

This sounds really complicated to me.  Whenever an Attorney makes a mistake, especially with Immigration cases; it can have long-lasting consequences are you are attesting to.  I would recommend you contact a different Attorney to 1) provide guidance on your case and 2) Possible legal action against the first Attorney for fouling up your case.  I understand this is extra money that you did not plan on, but if a new Attorney can make things right, it is money well spent.

 

Most attorneys will give you a consultation for no cost.  They will review your case and tell you what they can/will do and how much it will cost.  I would NOT move to a new country until you get good legal advice because if you leave, you may never get back in.  You are here, even though it is a gray, murky situation, you still are standing on US terra forma.