mirage
01-29 08:03 PM
ofcourse it is for future applications
----
i could be wrong, but if i remember correctly, when this ruling was published last year, if a pending 140 was filed on labor subst that would get rejected.
An approved 140 with labor subst was ok.
Please correct me if i am wrong.
----
i could be wrong, but if i remember correctly, when this ruling was published last year, if a pending 140 was filed on labor subst that would get rejected.
An approved 140 with labor subst was ok.
Please correct me if i am wrong.
wallpaper 2011 Bentley Continental GT
gsc999
07-14 09:50 AM
Apologies for the afterthought, this may not be necessary but carry your H1-B with you to the event venue.
innervoice
05-01 11:03 PM
I also got LUD on I-129 on 4/26/2009, might be some batch.
2011 2011 Bentley Continental GT
kaisersose
11-02 12:06 PM
Agreed getting a GC is a painful process not to mention the bureaucracies that go with it.Agreed serious lobbying is necessary to bring about a change in the legislative system coz waiting for years to get ones GC is plain ridiculous.But the idea of REVERSE BRAIN DRAIN is just a myth.I am pretty sure that atleast 80% of the people are just average Joes whose intellect is just better than those blonde babes of the "Girl next door" reality series.We should be glad that we were raised in a foreign country lest would have replaced those poor old folks saying "welcome to wal-mart".So lets stop talking about reverse brain drain and atleast not try to replace those intelligent ones back home. We being here is best for our country and our economy.
I am with you. We like to invent all possible reasons to try to show our importance to America, but it is obvious that reverse brain drain is not a real thing.
American will do just fine without all the foreign programmers (including myself) living and working in this country. They can find Americans to do the work or if not, they will offshore jobs. Either way, life will go on as before.
Foeign born programmers are not here because they are exceptionally bright, they are here because they could get a college degree and get trained in programming skills at a cheap throwaway cost, which is harder for an average American to afford. So the foreigner gets to write programs while the American has to settle for a sales position in Best Buy.
What America really needs; what they cannot do without are the maids, landscapers, construction workers and janitors. The politicians who have to make the decision of sending out illegals have to deal with the problem of not finding maids and gardeners for their expensive homes (their wives are not going to let them do that). Easier for them to let the illegal issue prolong while they enjoy the benefits of cheap labor providing by illegals.
The GC system is entirely in our favor. It really does not benefit America in any significant way. The fact remains that we still end up stealing their jobs at some level - whether we are willing to admit it or not.
I am with you. We like to invent all possible reasons to try to show our importance to America, but it is obvious that reverse brain drain is not a real thing.
American will do just fine without all the foreign programmers (including myself) living and working in this country. They can find Americans to do the work or if not, they will offshore jobs. Either way, life will go on as before.
Foeign born programmers are not here because they are exceptionally bright, they are here because they could get a college degree and get trained in programming skills at a cheap throwaway cost, which is harder for an average American to afford. So the foreigner gets to write programs while the American has to settle for a sales position in Best Buy.
What America really needs; what they cannot do without are the maids, landscapers, construction workers and janitors. The politicians who have to make the decision of sending out illegals have to deal with the problem of not finding maids and gardeners for their expensive homes (their wives are not going to let them do that). Easier for them to let the illegal issue prolong while they enjoy the benefits of cheap labor providing by illegals.
The GC system is entirely in our favor. It really does not benefit America in any significant way. The fact remains that we still end up stealing their jobs at some level - whether we are willing to admit it or not.
more...
manderson
11-07 04:28 PM
What I really wanna know is how Grassley will react to a H1 visa blackout in April 2008.
If he fails to get his $5k tax hike before April and H1 blackout in the first day as expected, then it just adds fuel to the fire - he will rev up his war-drums again. But if he gets his way and H1 blackout anyway (if not in the first day then soon due to pre-existing demand from 2/3 of the applicants who lost the lottery last year), then he looks like a total a**!!
Maybe it's in his best interest to not touch H1 before then. I mean this must be why he was rambling about how he could be willing to increase caps if he gets his tax hikes...
If he fails to get his $5k tax hike before April and H1 blackout in the first day as expected, then it just adds fuel to the fire - he will rev up his war-drums again. But if he gets his way and H1 blackout anyway (if not in the first day then soon due to pre-existing demand from 2/3 of the applicants who lost the lottery last year), then he looks like a total a**!!
Maybe it's in his best interest to not touch H1 before then. I mean this must be why he was rambling about how he could be willing to increase caps if he gets his tax hikes...
english_august
07-11 10:03 PM
--
Will the Nor Cal P.R. person please stand-up!
We are coordinating the media effort with the core team and focussing on the tactical stuff right now.
Does that mean that you are preparing the press release as well? Please send some information our way so that we can start blogging.
Will the Nor Cal P.R. person please stand-up!
We are coordinating the media effort with the core team and focussing on the tactical stuff right now.
Does that mean that you are preparing the press release as well? Please send some information our way so that we can start blogging.
more...
glus
03-26 03:35 PM
I got 2 of them recently too. PD not current. Probably pre-processing the applications but not approving them due to PD not current :-(
2010 2011 New Bentley Continental
JazzByTheBay
12-14 02:36 AM
But interestingly, so far the 70/30 ratio between yays and nays has been maintained. (As stated earlier, personally I thought it'd be much worse, more like 30/70 or 20/80 even... ) :)
jazz
Guys, I'm not sure how useful this pole will be, since I suspect that those answering it will not be a statistically representative sample of IV membership, or it is at least hard to demonstrate that it is.
jazz
Guys, I'm not sure how useful this pole will be, since I suspect that those answering it will not be a statistically representative sample of IV membership, or it is at least hard to demonstrate that it is.
more...
gcisadawg
04-15 08:44 PM
Here is a suggestion for you:
1) Book a round trip ticket for your wife to fly back immediately. Meanwhile, take an appointment for your wife with a local USCIS cert civil surgeon to take the TB test/vaccine. Take it wherever you can get it -near or far.
2) Get lawyer to draft the RFE response. Submit the doc's report to lawyer as soon as you get it. (most surgeons will give it in a day or two after checking the bump.)
This whole process should be done in less than a week if you can prepare everything else before your wife gets here.
3) Wife flies back and continues with rest of vacation with kids. You can have your Euro vacation at the end too! :)
Downside: Twins will have to be away from Mom for a week.
Upside: Monetary Losses and life disruption cut as short as possible.
new_phd,
Thanks for your idea....I'm trying to convince my wife to do exactly that if tommorrow's appointment in IO doesn't result in extension!
Thanks,
GCisaDawg
1) Book a round trip ticket for your wife to fly back immediately. Meanwhile, take an appointment for your wife with a local USCIS cert civil surgeon to take the TB test/vaccine. Take it wherever you can get it -near or far.
2) Get lawyer to draft the RFE response. Submit the doc's report to lawyer as soon as you get it. (most surgeons will give it in a day or two after checking the bump.)
This whole process should be done in less than a week if you can prepare everything else before your wife gets here.
3) Wife flies back and continues with rest of vacation with kids. You can have your Euro vacation at the end too! :)
Downside: Twins will have to be away from Mom for a week.
Upside: Monetary Losses and life disruption cut as short as possible.
new_phd,
Thanks for your idea....I'm trying to convince my wife to do exactly that if tommorrow's appointment in IO doesn't result in extension!
Thanks,
GCisaDawg
hair Bentley Continental GT
p1234
10-04 02:52 PM
gctest is a perfect jackass, think he is also a complete fraud.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
more...
Green.Tech
06-05 11:11 PM
IV is the only organization that has come forward for the plight of the highly skilled community.
These bills are the closest we have come to the recognition of legal immigration as a whole.
If you can't recognize and seize this opportune moment even now, when will you?
These bills are the closest we have come to the recognition of legal immigration as a whole.
If you can't recognize and seize this opportune moment even now, when will you?
hot 2011 Bentley Continental GT
rajuseattle
04-22 04:20 PM
If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.
IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.
IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.
more...
house 2011 Bentley Continental GT
Kushal
06-02 10:04 PM
...all the offices...two of them took my name and number.
Will post here if I hear anything from them.
Will post here if I hear anything from them.
tattoo First Look: 2011 Bentley
vamsi_poondla
11-06 02:28 PM
Well Said! I support you 100% and agree with you totally about this. Fraud is any program is unfair and unjust on everybody, including the H1 holders themselves.
Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
more...
pictures 2011 Bentley Continental GT
swamy
11-20 07:44 PM
I am still debating whether to call in or to write - but I will definitely do one of the two. I just read the other thread linked to by 'internet' above & thought I would say a couple of things to the losers at alipac who worship racists like tancredo and lou: Don't distort this thread's message - we not are trying to gag Mr.Lou however much I puke everytime I see him spewing venow on 'aliens' -and I sometimes even admire his constant state of outrage and complete lack of shame. He and his worshippers at alipac are a reminder that bigotry may have been outlawed offcially in the 60's but definitely wasn't completely eliminated for posterity -a lesson to all those who forget history and think we have always been 'civilized'; we are the nation we are today because of the tireless work of so many great leaders supported by so many forward thinking Americans of all colors -so lets be clear - we WANT LOU to spew his venom and unvarnished bigotry in Detroit - we WANT alipac to worship such hatemongers so when youngsters wonder how people could have been done horrible acts in the past we can point to you guys and say 'here you go - now know that every generation has its bigots and its the duty of decent folks to oppose them - its a constant never ending fight!'
dresses 2011 Bentley Continental GT
kittu1991
12-23 11:34 AM
Hi Guys. I am trying to take an appointment in Jan. The earliest I can get is 11th in Kollkata. I have booking to travel to US on 26th. After listening to the delays here, I am confused where to go for stamping or return with AP.:confused::confused:
Please advise; guys who have been through stamping recently. Appreciate your feedback.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
Please advise; guys who have been through stamping recently. Appreciate your feedback.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
more...
makeup 2011 Bentley Continental GT
Carlau
02-05 05:04 PM
what logic life says makes 100% sense. we are not here to fight --- there are other forums for that. in fact, i should not have respoded to eb3_nepa at all
I am not fighting but YES, my reason to join IV was to find justice to the H-4 not being able to work when L-1 spouses and Agjob spouses (I read this a year ago) could. Although no promises were made from IV, I was surprised today since nothing was ever said regarding no interest in the H-4 cause when many discussions were in place. Here people contribute for their own benefits, I was here for the H-4s, that is why I transcribed part of the conference calls too, so I was somehow a contributor to a cause that doesn't represnt my interests, but I know it represents the interests of the unmarried folks, or married to IT 'spouses' folks, so for this folks the fight for better legal provisions still on, good luck to you!.
I am not fighting but YES, my reason to join IV was to find justice to the H-4 not being able to work when L-1 spouses and Agjob spouses (I read this a year ago) could. Although no promises were made from IV, I was surprised today since nothing was ever said regarding no interest in the H-4 cause when many discussions were in place. Here people contribute for their own benefits, I was here for the H-4s, that is why I transcribed part of the conference calls too, so I was somehow a contributor to a cause that doesn't represnt my interests, but I know it represents the interests of the unmarried folks, or married to IT 'spouses' folks, so for this folks the fight for better legal provisions still on, good luck to you!.
girlfriend 2011 Bentley Continental GT
inspectorfox
10-10 04:57 PM
Effect of Travel While in H1B / L-1 Status and Pending I-485
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
hairstyles 2011 Bentley Continental GT
lsuk
07-15 11:26 PM
done
guchi472000
04-06 07:10 PM
:confused:No LUD but got RFE on I-485(Employment Verification from employer)
sen_raju
07-16 12:43 PM
signed