Matt

I'm starting today the paperwork for the H1B petition and I need to travel outside
the US before the end of december, but I also need to receive the H1B before March
30, 2002 in order to remain on the payroll. So I must decide if it's better to travel
around Christmas or in early december.

My employer says that, after the EDD + Dept.of Labor steps are done, he will wait
until I'm back before filing to the INS. So, if EDD + Dept.of Labor takes around 2
months total, I would travel at Christmas. If it takes much less than this, I would
travel before so that the INS petition can be sent out earlier.

Specifically i have the following questions:

1) I understand that I'm allowed to travel until the 129 form is sent to the INS. Is
this correct? Or can I travel until I haven't received the receipt?

2) How long does it take to get a response from the EDD? (My employer will send out
early next week the EDD prevailing wage form.)

3) How long does the Dept. of Labor take to process the 9035 form?

4) What are the current processing time of the California Service Center?

Sylvia Ottemoeller

Matt wrote:

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Generally, you can travel and return to the U.S. before the I-129 is filed. If you
leave the U.S. after the I-129 is filed (actually received by INS), any request for
change of status is abandoned, and you will either have to re-enter in J-1 status
(and subsequently file another I-129 or leave the U.S. to get into H-1B status after
the I-129 approval), or remain outside the U.S. until the I-129 has been approved.

However, if you have to obtain a new J-1 visa stamp because your old one has expired,
you will again face the issue of permanent intent. The consular officer could refuse
your J-1 visa if he thinks you plan to stay in the U.S.

Or can I travel until I haven't received
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I don't know exactly what you mean by this. The receipt notice has nothing to do with
issues of your travel, if that's what you mean.

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Yes.

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[usenetquote2]>>Without knowing what status you are in right now, I can't answer your questions.[/usenetquote2]
[usenetquote2]>>It sounds as if you are already in the US, and probably either already an H-1B[/usenetquote2]
[usenetquote2]>>or an F-1.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Those questions I can answer, I do answer below.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Ingo[/usenetquote2]
[usenetquote2]>>[/usenetquote2]

[usenetquote2]>>>I'm starting today the paperwork for the H1B petition and I need to travel outside[/usenetquote2]
[usenetquote2]>>>the US before the end of december, but I also need to receive the H1B before March[/usenetquote2]
[usenetquote2]>>>30, 2002 in order to remain on the payroll. So I must decide if it's better to[/usenetquote2]
[usenetquote2]>>>travel around Christmas or in early december.[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>My employer says that, after the EDD + Dept.of Labor steps are done, he will wait[/usenetquote2]
[usenetquote2]>>>until I'm back before filing to the INS. So, if EDD + Dept.of Labor takes around 2[/usenetquote2]
[usenetquote2]>>>months total, I would travel at Christmas. If it takes much less than this, I[/usenetquote2]
[usenetquote2]>>>would travel before so that the INS petition can be sent out earlier.[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>Specifically i have the following questions:[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>1) I understand that I'm allowed to travel until the 129 form is sent to the INS.[/usenetquote2]
[usenetquote2]>>> Is this correct? Or can I travel until I haven't received the receipt?[/usenetquote2]

[usenetquote2]>>That depends on your current status.[/usenetquote2]

[usenetquote2]>>>2) How long does it take to get a response from the EDD? (My employer will send[/usenetquote2]
[usenetquote2]>>> out early next week the EDD prevailing wage form.)[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>Don't bother with that. There is no need to ask EDD, and it can take quite a while.[/usenetquote2]
[usenetquote2]>>You are free to use any reasonable published source you want. All the EDD[/usenetquote2]
[usenetquote2]>>prevailing wage will buy your employer is peace of mind: if the employer uses a[/usenetquote2]
[usenetquote2]>>different source, and EDD later determines that the source was inappropriate, he[/usenetquote2]
[usenetquote2]>>could be held responsible. As long as the salary is reasonable, that should not be[/usenetquote2]
[usenetquote2]>>a problem.[/usenetquote2]

[usenetquote2]>>>3) How long does the Dept. of Labor take to process the 9035 form?[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>Between same day and around six weeks, depending on how well their computer[/usenetquote2]
[usenetquote2]>>system works.[/usenetquote2]

[usenetquote2]>>>4) What are the current processing time of the California Service Center?[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>If your employer pays the $1000 premium processing fee, it's guaranteed to be less[/usenetquote2]
[usenetquote2]>>than 15 days. Otherwise, I don't know offhand, but you can look it up on Shusterman[/usenetquote2]
[usenetquote2]>>or Visalaw (see the links in my signature below).[/usenetquote2]

Sylvia Ottemoeller

Ingo wrote:

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[usenetquote2]>>Matt wrote:[/usenetquote2]

[usenetquote2]>>>Ingo, thank you for your reply. I'm giving below come more information hoping you[/usenetquote2]
[usenetquote2]>>>can help me some more.[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>I'm currently in the US on an exceptional six months extension of my J1 visa[/usenetquote2]
[usenetquote2]>>>(after 3 years regular J1). The extension will end March 30, 2002. After that date[/usenetquote2]
[usenetquote2]>>>I can no longer renew the J1. I'm not subject to the two-years rule. This is my[/usenetquote2]
[usenetquote2]>>>original question: My employer has just started the H1B paperwork. He will send[/usenetquote2]
[usenetquote2]>>>the form to the Dept.of Labor in one or two weeks. I need to travel outside the[/usenetquote2]
[usenetquote2]>>>US, and he will wait until I'm back before filing to the INS. I need to decide[/usenetquote2]
[usenetquote2]>>>whether to travel at Christmas or in early december. If EDD + Dept.of Labor takes[/usenetquote2]
[usenetquote2]>>>around 2 months total, I would travel at Christmas. If it takes much less than[/usenetquote2]
[usenetquote2]>>>this, I would travel before so that the INS petition can be sent out earlier.[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>I understand that I'm allowed to travel until the 129 form is sent to the INS. Is[/usenetquote2]
[usenetquote2]>>>this correct?[/usenetquote2]

[usenetquote2]>>Generally, you can travel and return to the U.S. before the I-129 is filed. If you[/usenetquote2]
[usenetquote2]>>leave the U.S. after the I-129 is filed (actually received by INS), any request for[/usenetquote2]
[usenetquote2]>>change of status is abandoned, and you will either have to re-enter in J-1 status[/usenetquote2]
[usenetquote2]>>(and subsequently file another I-129 or leave the U.S. to get into H-1B status[/usenetquote2]
[usenetquote2]>>after the I-129 approval), or remain outside the U.S. until the I-129 has been[/usenetquote2]
[usenetquote2]>>approved.[/usenetquote2]

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See http://www.shihab.net/flash/INS_Adju...tes_(3-01).htm, no. 18.
In particular:

"Discussion: INS considers a person who leaves the U.S. with a pending application to
change status to have abandoned it, and INS maintains that a change in that policy
would require a change in regulations. The situation for an extension is easier, and
if the examiner is satisfied that the individual maintained valid status there is no
reason the trip should interrupt the extension process."