Vl

I have been in the United States for about 13 years. After finishing
English language program and being out of status for about 2 years, I
regained F-1 visa and finished a MBA , then worked on H1-b visa for
about 5 years. Now, my labor certification petition was filed in New
York. But due to the overload of petitions in April 2001, more than
50,000 applications are still pending as of Feb. 2003. One paper said
that only 10,000 cases were reviewed in 2002 and DOL will not increase
personnel for the review. That means it might take more than 5 years
to get my petition reviewed.
I am quite unhappy with my current job. Every day is a torture to me
thanks to my direct boss. But since my H1-b visa will expire soon
(spring in 2004), I cannot get another job. I know PERM program is on
the horizon, but I might have to ask my employer to do more ads. and
other things to comply with the program. I doubt they will do it or
if they do it, they will give me more of hard time.

So, I came up with a plan:
Going back to Japan (did I mention I am from Japan?), staying there
for a year in order to regain an eligibility for new H1-b visa.
Meanwhile I will apply to a MS course (I believe getting accepted is
not a problem since I already finished a MBA), and come back to the
States on F-1 visa to start the program in fall 2004.

My biggest fear is that the Embassy in Japan would not issue F-1 visa
for me since I have been here for 13 years and after 1 year absence I
come back to the States. That might cause them to think I will stay
in the States indefinitely. Although I can get a letter from my
family stating they will need me for their business after my
completion of the degree, it might not good enough.
Does the plan work? Any flaws in it? I really need to know if this
plan work, or any other good plans?

I appreciate any kind of comments and inputs.

Hnchoksi

    >Subject: Going back to Japan and come back on F-1 visa?
    >From: [email protected] (VL)
    >Date: 3/5/03 1:12 PM Eastern Standard Time
    >Message-id:
    >I have been in the United States for about 13 years. After finishing
    >English language program and being out of status for about 2 years, I
    >regained F-1 visa and finished a MBA , then worked on H1-b visa for
    >about 5 years. Now, my labor certification petition was filed in New
    >York. But due to the overload of petitions in April 2001, more than
    >50,000 applications are still pending as of Feb. 2003. One paper said
    >that only 10,000 cases were reviewed in 2002 and DOL will not increase
    >personnel for the review. That means it might take more than 5 years
    >to get my petition reviewed.
    >I am quite unhappy with my current job. Every day is a torture to me
    >thanks to my direct boss. But since my H1-b visa will expire soon
    >(spring in 2004), I cannot get another job. I know PERM program is on
    >the horizon, but I might have to ask my employer to do more ads. and
    >other things to comply with the program. I doubt they will do it or
    >if they do it, they will give me more of hard time.
    >So, I came up with a plan:
    >Going back to Japan (did I mention I am from Japan?), staying there
    >for a year in order to regain an eligibility for new H1-b visa.
    >Meanwhile I will apply to a MS course (I believe getting accepted is
    >not a problem since I already finished a MBA), and come back to the
    >States on F-1 visa to start the program in fall 2004.
    >My biggest fear is that the Embassy in Japan would not issue F-1 visa
    >for me since I have been here for 13 years and after 1 year absence I
    >come back to the States. That might cause them to think I will stay
    >in the States indefinitely. Although I can get a letter from my
    >family stating they will need me for their business after my
    >completion of the degree, it might not good enough.
    >Does the plan work? Any flaws in it? I really need to know if this
    >plan work, or any other good plans?
    >

Don't forget your out of status condition also. It sounds quite complex. The
best thing to do is gird your loins and wait out the LC process. I worked for a
jerk too--for over 6 and a half years. Nine months after my GC was approved I
left. Stick around--deliverance will come some day...