Hi, all the immigration/visa gurus! Any advice on the better approach
to my friend’s immigration situation described below is highly
appreciated.

Immigration history:

1) 1993-1995:  J1, US federal government-sponsored.
2) 1995-2000: F1, university-sponsored.
3) 2000-2006: H1B, academic employment.
4) 2006-present: O1. Status valid until 03/17/09. Visa stamp valid
until 06/06/08. However the current position (“formally”) terminates
May 17 this year. Prospective positions currently negotiated in US and
outside as well, which involves international travel. The negotiations
may continue through the Fall.

Objectives: to stay legally in US and be able to travel abroad with
minimum risks and hassles. (Expenses and fees don’t matter that much).

Strategies currently considered:

1) Apply to switch to visitor status in US. Issue: once granted, a new
visa stamp for a visitor category will be required in order to return
to US from abroad.

2) Same as (1), just using F2 instead of B1 and sending a spouse to
study as F1.

3) Applying for immigration in “Extraordinary Ability” category. Since
the criteria for this and for O1 status (previously granted) are
similar and the evidence is already in place, assembling an
application seems to be straightforward. Even if the application is
denied due to J1 “baggage”, it still buys some time to be legally in
status. However, the following questions remain:

a) How long is it still possible to travel using the old or a new (if
stamped) O1? (The current termination day exists only in the
university payroll system. From the direct supervisor perspective, the
job is still held during the summer: office space not vacated,
equipment retained, the faculty is serving in a dissertation
committee, etc. The salary is not paid since it has been already paid
in full for the academic year during the non summer months, as it
typically is with an academic position unless specifically requested
by a faculty. Thus, no paystubs will be issued for summer that can be
used as evidence of continued employment. The supervisor however would
be happy to write a letter stating the faculty still being employed
during the summer.)

b) One I-140 is approved, is it possible to travel and return on
advanced parole? How long does the approval and issue of a parole
take?

c) Would it make sense to file only I-140 and file I-485 only after
(if) I-140 is approved?

d) If the petition approved but the job taken is not in US, how long
would it be possible to wait with “landing” in US and not risking
loosing the approval?

Please reply to the post or email directly.

-- Dr. D  pro.av...@gmail.com