Advice on "accidental" abandonment of H1B petition
#1
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Hi: I was wondering if anyone has experienced or knows
someone w/ a similar situation.
I was originally on a J-1, and I applied for a H1B during
the summer for the same job. My J-1 will expire at the end
of the year. At the end of August, while the H1B petition was
pending, I travled to Mexico for a few days. Nobody told me
and I didn't know at that point, but I've actually abandoned
my application by accident.
I got back to stateside no problemo. My petition was approved
Sept. 2, two days after I got back. However, by leaving for
just a few days to Mexico, I've abandoned my application.
I requested a change of status from J-1 to H1B, so when the
BCIS approved the H1B petition, my J-1 was essentially cancelled.
But at the same time, my H1B application has been abandoned, so
I am out of status or am I still J-1?
I want to set this thing straight as I am intending to apply
for a green card soon.
Can I send in an H1B amendment?
On the I-129, can I request "Continuation of previously
approved employment without change" in the basis of
classification in Part 2. This would save time in the LCA process.
Also in the I-129, in Part 2, in the Requested Action item,
can I use "Extend or amend the stay of ther person(s) since
they now hold this status" since this is not a new employment
application and I don't want to leave the country again.
Any advice is appreciated. -- Angel
someone w/ a similar situation.
I was originally on a J-1, and I applied for a H1B during
the summer for the same job. My J-1 will expire at the end
of the year. At the end of August, while the H1B petition was
pending, I travled to Mexico for a few days. Nobody told me
and I didn't know at that point, but I've actually abandoned
my application by accident.
I got back to stateside no problemo. My petition was approved
Sept. 2, two days after I got back. However, by leaving for
just a few days to Mexico, I've abandoned my application.
I requested a change of status from J-1 to H1B, so when the
BCIS approved the H1B petition, my J-1 was essentially cancelled.
But at the same time, my H1B application has been abandoned, so
I am out of status or am I still J-1?
I want to set this thing straight as I am intending to apply
for a green card soon.
Can I send in an H1B amendment?
On the I-129, can I request "Continuation of previously
approved employment without change" in the basis of
classification in Part 2. This would save time in the LCA process.
Also in the I-129, in Part 2, in the Requested Action item,
can I use "Extend or amend the stay of ther person(s) since
they now hold this status" since this is not a new employment
application and I don't want to leave the country again.
Any advice is appreciated. -- Angel
#2
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We would need more information to give you a good answer:
- How did you come back to the US : with the J1 visa or with something
else (visa waiver...)
- When did your DS2019 expire ?
- Did you surrender your I94 when you went to mexico ?
It seems that you would have to leave the US (mexico would do), apply
for a H1B visa and come back with a H1B status. Which isn't that bad.
But as I said, we need more information to give you a good answer.
[email protected] (Angel) wrote in message news:<[email protected]. com>...
> Hi: I was wondering if anyone has experienced or knows
> someone w/ a similar situation.
>
> I was originally on a J-1, and I applied for a H1B during
> the summer for the same job. My J-1 will expire at the end
> of the year. At the end of August, while the H1B petition was
> pending, I travled to Mexico for a few days. Nobody told me
> and I didn't know at that point, but I've actually abandoned
> my application by accident.
>
> I got back to stateside no problemo. My petition was approved
> Sept. 2, two days after I got back. However, by leaving for
> just a few days to Mexico, I've abandoned my application.
> I requested a change of status from J-1 to H1B, so when the
> BCIS approved the H1B petition, my J-1 was essentially cancelled.
> But at the same time, my H1B application has been abandoned, so
> I am out of status or am I still J-1?
>
> I want to set this thing straight as I am intending to apply
> for a green card soon.
>
> Can I send in an H1B amendment?
>
> On the I-129, can I request "Continuation of previously
> approved employment without change" in the basis of
> classification in Part 2. This would save time in the LCA process.
>
> Also in the I-129, in Part 2, in the Requested Action item,
> can I use "Extend or amend the stay of ther person(s) since
> they now hold this status" since this is not a new employment
> application and I don't want to leave the country again.
>
> Any advice is appreciated. -- Angel
- How did you come back to the US : with the J1 visa or with something
else (visa waiver...)
- When did your DS2019 expire ?
- Did you surrender your I94 when you went to mexico ?
It seems that you would have to leave the US (mexico would do), apply
for a H1B visa and come back with a H1B status. Which isn't that bad.
But as I said, we need more information to give you a good answer.
[email protected] (Angel) wrote in message news:<[email protected]. com>...
> Hi: I was wondering if anyone has experienced or knows
> someone w/ a similar situation.
>
> I was originally on a J-1, and I applied for a H1B during
> the summer for the same job. My J-1 will expire at the end
> of the year. At the end of August, while the H1B petition was
> pending, I travled to Mexico for a few days. Nobody told me
> and I didn't know at that point, but I've actually abandoned
> my application by accident.
>
> I got back to stateside no problemo. My petition was approved
> Sept. 2, two days after I got back. However, by leaving for
> just a few days to Mexico, I've abandoned my application.
> I requested a change of status from J-1 to H1B, so when the
> BCIS approved the H1B petition, my J-1 was essentially cancelled.
> But at the same time, my H1B application has been abandoned, so
> I am out of status or am I still J-1?
>
> I want to set this thing straight as I am intending to apply
> for a green card soon.
>
> Can I send in an H1B amendment?
>
> On the I-129, can I request "Continuation of previously
> approved employment without change" in the basis of
> classification in Part 2. This would save time in the LCA process.
>
> Also in the I-129, in Part 2, in the Requested Action item,
> can I use "Extend or amend the stay of ther person(s) since
> they now hold this status" since this is not a new employment
> application and I don't want to leave the country again.
>
> Any advice is appreciated. -- Angel
#3
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Hi Oliver:
> Olivier Wagner wrote:
> We would need more information to give you a good answer:
> - How did you come back to the US : with the J1 visa or with something
> else (visa waiver...)
I came back w/ the J1 that I had originally, which is still
good to the end of the year.
> - When did your DS2019 expire ?
It'll expire the end of this year.
> - Did you surrender your I94 when you went to mexico ?
No, I did not surrender my I94, no one took it. It's still
w/ me.
>It seems that you would have to leave the US (mexico would do), apply
>for a H1B visa and come back with a H1B status. Which isn't that bad.
>But as I said, we need more information to give you a good answer.>
So, is that true, I have to leave the US and come back w/
H1B?
Thanks, Oliver. --- Angel
> Olivier Wagner wrote:
> We would need more information to give you a good answer:
> - How did you come back to the US : with the J1 visa or with something
> else (visa waiver...)
I came back w/ the J1 that I had originally, which is still
good to the end of the year.
> - When did your DS2019 expire ?
It'll expire the end of this year.
> - Did you surrender your I94 when you went to mexico ?
No, I did not surrender my I94, no one took it. It's still
w/ me.
>It seems that you would have to leave the US (mexico would do), apply
>for a H1B visa and come back with a H1B status. Which isn't that bad.
>But as I said, we need more information to give you a good answer.>
So, is that true, I have to leave the US and come back w/
H1B?
Thanks, Oliver. --- Angel
#4
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"Angel" <[email protected]> wrote in message
news:[email protected] om...
> Hi: I was wondering if anyone has experienced or knows
> someone w/ a similar situation.
> I was originally on a J-1, and I applied for a H1B during
> the summer for the same job. My J-1 will expire at the end
> of the year. At the end of August, while the H1B petition was
> pending, I travled to Mexico for a few days. Nobody told me
> and I didn't know at that point, but I've actually abandoned
> my application by accident.
> I got back to stateside no problemo. My petition was approved
> Sept. 2, two days after I got back. However, by leaving for
> just a few days to Mexico, I've abandoned my application.
> I requested a change of status from J-1 to H1B, so when the
> BCIS approved the H1B petition, my J-1 was essentially cancelled.
> But at the same time, my H1B application has been abandoned, so
> I am out of status or am I still J-1?
First of all, where is your competent immigration attorney or professional?
You should not be handling this on your own.
Technically, you left the U.S. and re-entered using your I-94 and J
documents. If they were in order, it can be argued that you still hold J-1
status. You should of course go off the payroll after the expiration date
of your J-1 status indicated on the DS 2019.
> I want to set this thing straight as I am intending to apply
> for a green card soon.
> Can I send in an H1B amendment?
*You* cannot send anything. Your *employer* can file a virtually duplicate
H-1B petition, requesting a change of status, and explaining everything,
because USCIS already changed your status to J-1 once, and it will
investigate what is going on. The term "amendment" is not used unless there
is a material change in the terms of your employment.
> On the I-129, can I request "Continuation of previously
> approved employment without change" in the basis of
> classification in Part 2. This would save time in the LCA process.
No.
> Also in the I-129, in Part 2, in the Requested Action item,
> can I use "Extend or amend the stay of ther person(s) since
> they now hold this status" since this is not a new employment
> application and I don't want to leave the country again.
But you *don't* hold H-1B status!
Don't even ***THINK** of doing this on your own. You would be so foolish to
do this.
news:[email protected] om...
> Hi: I was wondering if anyone has experienced or knows
> someone w/ a similar situation.
> I was originally on a J-1, and I applied for a H1B during
> the summer for the same job. My J-1 will expire at the end
> of the year. At the end of August, while the H1B petition was
> pending, I travled to Mexico for a few days. Nobody told me
> and I didn't know at that point, but I've actually abandoned
> my application by accident.
> I got back to stateside no problemo. My petition was approved
> Sept. 2, two days after I got back. However, by leaving for
> just a few days to Mexico, I've abandoned my application.
> I requested a change of status from J-1 to H1B, so when the
> BCIS approved the H1B petition, my J-1 was essentially cancelled.
> But at the same time, my H1B application has been abandoned, so
> I am out of status or am I still J-1?
First of all, where is your competent immigration attorney or professional?
You should not be handling this on your own.
Technically, you left the U.S. and re-entered using your I-94 and J
documents. If they were in order, it can be argued that you still hold J-1
status. You should of course go off the payroll after the expiration date
of your J-1 status indicated on the DS 2019.
> I want to set this thing straight as I am intending to apply
> for a green card soon.
> Can I send in an H1B amendment?
*You* cannot send anything. Your *employer* can file a virtually duplicate
H-1B petition, requesting a change of status, and explaining everything,
because USCIS already changed your status to J-1 once, and it will
investigate what is going on. The term "amendment" is not used unless there
is a material change in the terms of your employment.
> On the I-129, can I request "Continuation of previously
> approved employment without change" in the basis of
> classification in Part 2. This would save time in the LCA process.
No.
> Also in the I-129, in Part 2, in the Requested Action item,
> can I use "Extend or amend the stay of ther person(s) since
> they now hold this status" since this is not a new employment
> application and I don't want to leave the country again.
But you *don't* hold H-1B status!
Don't even ***THINK** of doing this on your own. You would be so foolish to
do this.
#5
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Thanks, Sylvia, for your take on this. Yes, you're
right. I probably need professional help in this
matter.
Have a nice day. --- Angel
"Sylvia Ottemoeller" wrote:
> First of all, where is your competent immigration attorney or professional?
> You should not be handling this on your own.
>
> Technically, you left the U.S. and re-entered using your I-94 and J
> documents. If they were in order, it can be argued that you still hold J-1
> status. You should of course go off the payroll after the expiration date
> of your J-1 status indicated on the DS 2019.
>
> > I want to set this thing straight as I am intending to apply
> > for a green card soon.
> >
> > Can I send in an H1B amendment?
>
> *You* cannot send anything. Your *employer* can file a virtually duplicate
> H-1B petition, requesting a change of status, and explaining everything,
> because USCIS already changed your status to J-1 once, and it will
> investigate what is going on. The term "amendment" is not used unless there
> is a material change in the terms of your employment.
>
> > On the I-129, can I request "Continuation of previously
> > approved employment without change" in the basis of
> > classification in Part 2. This would save time in the LCA process.
>
> No.
>
> > Also in the I-129, in Part 2, in the Requested Action item,
> > can I use "Extend or amend the stay of ther person(s) since
> > they now hold this status" since this is not a new employment
> > application and I don't want to leave the country again.
>
> But you *don't* hold H-1B status!
>
> Don't even ***THINK** of doing this on your own. You would be so foolish to
> do this.
right. I probably need professional help in this
matter.
Have a nice day. --- Angel
"Sylvia Ottemoeller" wrote:
> First of all, where is your competent immigration attorney or professional?
> You should not be handling this on your own.
>
> Technically, you left the U.S. and re-entered using your I-94 and J
> documents. If they were in order, it can be argued that you still hold J-1
> status. You should of course go off the payroll after the expiration date
> of your J-1 status indicated on the DS 2019.
>
> > I want to set this thing straight as I am intending to apply
> > for a green card soon.
> >
> > Can I send in an H1B amendment?
>
> *You* cannot send anything. Your *employer* can file a virtually duplicate
> H-1B petition, requesting a change of status, and explaining everything,
> because USCIS already changed your status to J-1 once, and it will
> investigate what is going on. The term "amendment" is not used unless there
> is a material change in the terms of your employment.
>
> > On the I-129, can I request "Continuation of previously
> > approved employment without change" in the basis of
> > classification in Part 2. This would save time in the LCA process.
>
> No.
>
> > Also in the I-129, in Part 2, in the Requested Action item,
> > can I use "Extend or amend the stay of ther person(s) since
> > they now hold this status" since this is not a new employment
> > application and I don't want to leave the country again.
>
> But you *don't* hold H-1B status!
>
> Don't even ***THINK** of doing this on your own. You would be so foolish to
> do this.