Angel

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

Olivier Wagner

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

Angel

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

Sylvia Ottemoeller

"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.

Angel

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.