An update on this case!!
This was one of the hardest decisions I had to make last year. So many of the people here and on the internet told me to "get on a plane", "go back home", etc, etc, and that I would eventually be deported bla bla bla..while I really understand where that is coming from, and its NOT advisable to stay once your visa has expired unless you've taken any other legal actions, I will say this, TAKE EVERYTHING ON THE INTERNET WITH A GRAIN OF SALT...sometimes, things work out and my case is a solid proof that every case is unique and what may work for me may not work for everyone, or what didn't work out for people may work for you. So you know what's good for you.
I learned it the hard way!! I thought I was doing the wrong thing here, by filing a tourist visa that was believed to take forever to get approved, there were so many people warning me that I'll be stuck forever and eventually get deported but here's what happened from the last time I was here.
Despite everyone saying its not the right choice, I still filed for a tourist visa, buying more time to stay here while my employers were busy sorting the visa situation out.
It was really essential for me to physically be in the States as I had to be on calls, respond promptly to emails, be on top of the communication with my employers. I couldn't have done the prompt communication if I were back home.
My employers hired immigration lawyers and trust me the only person you'll need to ever listen to are the immigration lawyers! They know what's best, I wouldn't rely so much on the internet for any expert insight. I explained to them what's going on with my visa situation and they let me know the possible scenarios which wasn't all negative, there was hope things still would work out.
It took them approx. 2 months to file for the H-1B under premium processing, they were super slow in filing but we got the decision early on, and as expected USCIS, asked for extra evidence (RFE). RFE isn't the end of the H-1B process, its just USCIS asking for extra information.
Now while this is happening my tourist visa application was still pending, so this needed to be approved for my H-1B to process. Finally, towards the end of November, USCIS approved my tourist visa application!!! This was very surprising as I almost thought it would never get approved and my employers would decide to move on..but it worked y'all....and this removed one hurdle out of the way.
So with that out of the way, the lawyers filed for the RFE towards the end of December, and everyone was super nervous what the outcome would be...but the lawyers were positive for a favorable outcome. So this long weary legal process ended on a high note when USCIS approved my H-1B application on December 30th!!
Final message to everyone here is don't take a no for an answer, because things work out sometimes despite what the critics say and my situation is one concrete example. Every situation is unique like I said earlier so don't let someone's "expertise" hold you down. Take legal steps, and if you are very confused, along the process, get in touch with an expert, and just listen to them, don't overwhelm yourselves with information out there. There are a lot of people to say "NO this won't happen", and only a few to say "there's a slight chance", so pick your poison!! Thanks for coming to my TED Talk!!
