Teich

Hi. On the first page of the I-539 form, part of it looks like:

----------------------------------------------------------------------
Date of Last Arrival | I-94 #
----------------------------------------------------------------------
Current Nonimmigrant Status | Expires on
----------------------------------------------------------------------

My question is, if my H-1B termination date is X while the corresponding
I-94 expires on Y, which date do I put down in the "Expires on" field?

My hunch says I should put down X. Any ideas?

Teich

Ingo Pakleppa

Your hunch is wrong. The date on the I-94 counts.

On Sun, 20 Jul 2003 23:32:30 +0000, Teich wrote:

    > Hi. On the first page of the I-539 form, part of it looks like:
    >
    > ----------------------------------------------------------------------
    > Date of Last Arrival | I-94 #
    > ----------------------------------------------------------------------
    > Current Nonimmigrant Status | Expires on
    > ----------------------------------------------------------------------
    >
    > My question is, if my H-1B termination date is X while the corresponding
    > I-94 expires on Y, which date do I put down in the "Expires on" field?
    >
    > My hunch says I should put down X. Any ideas?
    >
    > Teich

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Teich

Ingo:

Thanks for your help. Hope you are enjoying your weekend. I am wondering
if you may help answer some of the misc questions:

1. If my termination date is July 24, 2003, should my B-2 status start on
July 24 or on July 25?

2. Since my Canadian passport is expiring on Aug 26, 2003, should I
indicate that the renewal of my passport is in progress and submit a copy of
my passport renewal application?

3. For my requested duration of B-2, is the period of 3 months too long to
ask? Btw, my attorney said it takes the BCIS approx. 3 months to adjudicate
this type of I-539's.

4. My I-140/I-485 petitions have been withdrawn. Am I "still a bona fide
nonimmigrant" as far as the I-539 is concerned?

5. My I-140/I-485 petitions have been withdrawn. On the I-539 form, Part 4
Question 3a, am I "an applicant for an immigrant visa"?

6. Should I staple, or use a binder clip to bind my I-539 petition? It is
quite thick since it includes a copy of my I-129 H-1B petition.

7. Since my I-140/I-485 petitions have been withdrawn, should I withdraw my
I-131 and I-765 petitions as well?

8. Given the facts regarding my I-539 application, what do you think the
probability of approval is?

Thanks in advance,
Teich

"Ingo Pakleppa" wrote in message
news[email protected]...
    > Your hunch is wrong. The date on the I-94 counts.
    > On Sun, 20 Jul 2003 23:32:30 +0000, Teich wrote:
    > > Hi. On the first page of the I-539 form, part of it looks like:
    > >
    > > ----------------------------------------------------------------------
    > > Date of Last Arrival | I-94 #
    > > ----------------------------------------------------------------------
    > > Current Nonimmigrant Status | Expires on
    > > ----------------------------------------------------------------------
    > >
    > > My question is, if my H-1B termination date is X while the corresponding
    > > I-94 expires on Y, which date do I put down in the "Expires on" field?
    > >
    > > My hunch says I should put down X. Any ideas?
    > >
    > > Teich
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539 and H.R. 832. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa

On Mon, 21 Jul 2003 00:12:15 +0000, Teich wrote:

    > Ingo:
    >
    > Thanks for your help. Hope you are enjoying your weekend. I am
    > wondering if you may help answer some of the misc questions:
    >
    > 1. If my termination date is July 24, 2003, should my B-2 status start
    > on July 24 or on July 25?

July 25. It's not really relevant because it won't start until it is
approved anyway. Until then, you are in status "pending change of status".

    > 2. Since my Canadian passport is expiring on Aug 26, 2003, should I
    > indicate that the renewal of my passport is in progress and submit a
    > copy of my passport renewal application?

This can indeed throw a monkeywrench into your plans, since you are only
allowed to be in the US until August 26 regardless of what happens - your
B-2 wouldn't be approved past that date.

It may be best to include a copy of the renewal application, and hope that
BCIS will send you an RFE for the new passport.

    > 3. For my requested duration of B-2, is the period of 3 months too long
    > to ask? Btw, my attorney said it takes the BCIS approx. 3 months to
    > adjudicate this type of I-539's.

That's reasonable. See above re. the passport issue, though.

    > 4. My I-140/I-485 petitions have been withdrawn. Am I "still a bona
    > fide nonimmigrant" as far as the I-539 is concerned?

That's up to BCIS to decide. Technically, you are if you do not plan on
applying for AOS without going to Canada first. Since you said earlier
that you are thinking about going for an H-1B and then refiling an AOS,
you are not technically a bona fide non-immigrant.

    > 5. My I-140/I-485 petitions have been withdrawn. On the I-539 form,
    > Part 4 Question 3a, am I "an applicant for an immigrant visa"?

Write "I-485 withdrawn on..."

    > 6. Should I staple, or use a binder clip to bind my I-539 petition? It
    > is quite thick since it includes a copy of my I-129 H-1B petition.

Don't include the whole I-129 petition, just the approval notice should be
enough. I think using a binder clip is better.

    > 7. Since my I-140/I-485 petitions have been withdrawn, should I
    > withdraw my I-131 and I-765 petitions as well?

They are automatically considered withdrawn since they no longer have any
basis.

    > 8. Given the facts regarding my I-539 application, what do you think
    > the probability of approval is?

It all hinges on whether BCIS believes you when you say you are a bona
fide non-immigrant, and what reasons you give for changing status.

    > Thanks in advance,
    > Teich
    >
    > "Ingo Pakleppa" wrote in message
    > news[email protected]...
    >> Your hunch is wrong. The date on the I-94 counts.
    >> On Sun, 20 Jul 2003 23:32:30 +0000, Teich wrote:
    >> > Hi. On the first page of the I-539 form, part of it looks like:
    >> >
    >> > ----------------------------------------------------------------------
    >> > Date of Last Arrival | I-94 #
    >> > ----------------------------------------------------------------------
    >> > Current Nonimmigrant Status | Expires on
    >> > ----------------------------------------------------------------------
    >> >
    >> > My question is, if my H-1B termination date is X while the
    >> > corresponding I-94 expires on Y, which date do I put down in the
    >> > "Expires on" field?
    >> >
    >> > My hunch says I should put down X. Any ideas?
    >> >
    >> > Teich
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    > encourage
    >> everybody to seek competent legal counsel rather than relying on usenet
    >> newsgroups.
    >> Please support H.R. 539 and H.R. 832. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >> Please feel free to enjoy some of my photographs at my new Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Teich

Ingo:

    > > 1. If my termination date is July 24, 2003, should my B-2 status start
    > > on July 24 or on July 25?
    > July 25. It's not really relevant because it won't start until it is
    > approved anyway. Until then, you are in status "pending change of status".

Thanks for your answer. On my I-539 application, I can't seem to find where
I should put down the "July 25, 2003" B-2 start date?!

    > > 2. Since my Canadian passport is expiring on Aug 26, 2003, should I
    > > indicate that the renewal of my passport is in progress and submit a
    > > copy of my passport renewal application?
    > This can indeed throw a monkeywrench into your plans, since you are only
    > allowed to be in the US until August 26 regardless of what happens - your
    > B-2 wouldn't be approved past that date.
    > It may be best to include a copy of the renewal application, and hope that
    > BCIS will send you an RFE for the new passport.

Doh! If the typical I-539 processing time is 3 months, would they send me
an RFE in 3 month's time or immediately?

    > > 3. For my requested duration of B-2, is the period of 3 months too long
    > > to ask? Btw, my attorney said it takes the BCIS approx. 3 months to
    > > adjudicate this type of I-539's.
    > That's reasonable. See above re. the passport issue, though.
    > > 4. My I-140/I-485 petitions have been withdrawn. Am I "still a bona
    > > fide nonimmigrant" as far as the I-539 is concerned?
    > That's up to BCIS to decide. Technically, you are if you do not plan on
    > applying for AOS without going to Canada first. Since you said earlier
    > that you are thinking about going for an H-1B and then refiling an AOS,
    > you are not technically a bona fide non-immigrant.

Perhaps you misunderstood me. I am not thinking about immigration at this
point. I simply want to find and start a new job, which explains why I
chose to go the B-2 route instead of the pending I-485 route. Perhaps in a
year's time my family and I will re-consider the issue and decide what to
do. We are now very scared of the green-card process -- look at what kind
of mess I got myself in!

Don't worry...if my family change our mind regarding immigration in a year's
time (assuming that I find another job), we will for sure leave the US and
go to Canada first and return. We typically go there two, three times a
year

I am wondering if my predicament is quite common. I'd bet that there are a
lot of H-1B folks who have filed their I-140's. Out of these people, quite
a few might easily get laid off in this bad economy.


    > > 5. My I-140/I-485 petitions have been withdrawn. On the I-539 form,
    > > Part 4 Question 3a, am I "an applicant for an immigrant visa"?
    > Write "I-485 withdrawn on..."

Since it is a yes/no question, would my answer be "Yes, but my I-485 was
withdrawn on...". or "No, my I-485 was withdrawn on..." My hunch is to say
"No, my I-485 was withdrawn on...".

    > > 6. Should I staple, or use a binder clip to bind my I-539 petition? It
    > > is quite thick since it includes a copy of my I-129 H-1B petition.
    > Don't include the whole I-129 petition, just the approval notice should be
    > enough. I think using a binder clip is better.
    > > 7. Since my I-140/I-485 petitions have been withdrawn, should I
    > > withdraw my I-131 and I-765 petitions as well?
    > They are automatically considered withdrawn since they no longer have any
    > basis.

Maybe I should send them a withdrawal letter just in case...

    > > 8. Given the facts regarding my I-539 application, what do you think
    > > the probability of approval is?
    > It all hinges on whether BCIS believes you when you say you are a bona
    > fide non-immigrant, and what reasons you give for changing status.

I am not sure *where* in the I-539 petition I am supposed to state my
reasons for changing to B-2. I ended up putting my reason of "concluding my
affairs and doing some sightseeing" on a separate sheet of paper, which
contains the response to some of the questions in Part 4 of the I-539
application.

Thanks very much,
Teich

Ingo Pakleppa

On Mon, 21 Jul 2003 03:35:40 +0000, Teich wrote:

    > Ingo:
    >
    >> > 1. If my termination date is July 24, 2003, should my B-2 status
    >> > start on July 24 or on July 25?
    >> July 25. It's not really relevant because it won't start until it is
    >> approved anyway. Until then, you are in status "pending change of
    >> status".
    >
    > Thanks for your answer. On my I-539 application, I can't seem to find
    > where I should put down the "July 25, 2003" B-2 start date?!

I don't think the form has a field for that. Don't mention the start date.

    >> > 2. Since my Canadian passport is expiring on Aug 26, 2003, should I
    >> > indicate that the renewal of my passport is in progress and submit a
    >> > copy of my passport renewal application?
    >> This can indeed throw a monkeywrench into your plans, since you are
    >> only allowed to be in the US until August 26 regardless of what happens
    >> - your B-2 wouldn't be approved past that date.
    >> It may be best to include a copy of the renewal application, and hope
    >> that BCIS will send you an RFE for the new passport.
    >
    > Doh! If the typical I-539 processing time is 3 months, would they send
    > me an RFE in 3 month's time or immediately?

Probably closer to the three months.

    >> > 3. For my requested duration of B-2, is the period of 3 months too
    >> > long to ask? Btw, my attorney said it takes the BCIS approx. 3
    >> > months to adjudicate this type of I-539's.
    >> That's reasonable. See above re. the passport issue, though.
    >> > 4. My I-140/I-485 petitions have been withdrawn. Am I "still a bona
    >> > fide nonimmigrant" as far as the I-539 is concerned?
    >> That's up to BCIS to decide. Technically, you are if you do not plan on
    >> applying for AOS without going to Canada first. Since you said earlier
    >> that you are thinking about going for an H-1B and then refiling an AOS,
    >> you are not technically a bona fide non-immigrant.
    >
    > Perhaps you misunderstood me. I am not thinking about immigration at
    > this point. I simply want to find and start a new job, which explains
    > why I chose to go the B-2 route instead of the pending I-485 route.
    > Perhaps in a year's time my family and I will re-consider the issue and
    > decide what to do. We are now very scared of the green-card process --
    > look at what kind of mess I got myself in!

Understood. Don't be too scared, though. Sometimes, you have to take a
chance in life, and the price is well worth it.

Regardless: it is not enough to not plan on getting a Green Card. You have
to actually convince BCIS of that. Also, you have to convince them that
you won't be seeking an H-1B, either!

The good news is that BCIS seems to not be too strict about this, as long
as you specify a good reason for seeking a B-2. Write something like "wrap
up my affairs in the US" and request a reasonable time - do not write
"look for another H-1B job" and request the full six months.

It is OK to later change your mind and apply for an H-1B, or even to apply
for a Green Card within the US. The key isn't what you actually do, but
what you intend to do when filing the I-539. And of course, be sure that
when you later file your H-1B, there is no obvious lie on the I-539.

    > Don't worry...if my family change our mind regarding immigration in a
    > year's time (assuming that I find another job), we will for sure leave
    > the US and go to Canada first and return. We typically go there two,
    > three times a year
    >
    > I am wondering if my predicament is quite common. I'd bet that there
    > are a lot of H-1B folks who have filed their I-140's. Out of these
    > people, quite a few might easily get laid off in this bad economy.

Unfortunately, not too uncommon.

    >> > 5. My I-140/I-485 petitions have been withdrawn. On the I-539 form,
    >> > Part 4 Question 3a, am I "an applicant for an immigrant visa"?
    >> Write "I-485 withdrawn on..."
    >
    > Since it is a yes/no question, would my answer be "Yes, but my I-485 was
    > withdrawn on...". or "No, my I-485 was withdrawn on..." My hunch is to
    > say "No, my I-485 was withdrawn on...".

Actually, I just realized that the correct answer would certainly be No.
An I-485 is not an application for an immigrant visa, but for adjustment
of status. An immigrant visa is what you apply for at a consulate.

    >> > 7. Since my I-140/I-485 petitions have been withdrawn, should I
    >> > withdraw my I-131 and I-765 petitions as well?
    >> They are automatically considered withdrawn since they no longer have
    >> any basis.
    >
    > Maybe I should send them a withdrawal letter just in case...

Won't hurt.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Teich

Ingo:

Thanks very much for your help and for your time. I mailed off the I-539
this afternoon. I almost made the mistake of writing a check for $120.00,
which was what they asked in the application form.

My lawyer advised me to enclose a cover letter with the I-539 that details
the layoff, the requested start date of the B-2, etc., which I did.

Teich

P.S. I called the Canadian passport office today. It seems that I will get
a renewed passport before Aug 1

"Ingo Pakleppa" wrote in message
news[email protected]...
    > On Mon, 21 Jul 2003 03:35:40 +0000, Teich wrote:
    > > Ingo:
    > >
    > >> > 1. If my termination date is July 24, 2003, should my B-2 status
    > >> > start on July 24 or on July 25?
    > >>
    > >> July 25. It's not really relevant because it won't start until it is
    > >> approved anyway. Until then, you are in status "pending change of
    > >> status".
    > >
    > > Thanks for your answer. On my I-539 application, I can't seem to find
    > > where I should put down the "July 25, 2003" B-2 start date?!
    > I don't think the form has a field for that. Don't mention the start date.
    > >> > 2. Since my Canadian passport is expiring on Aug 26, 2003, should I
    > >> > indicate that the renewal of my passport is in progress and submit a
    > >> > copy of my passport renewal application?
    > >>
    > >> This can indeed throw a monkeywrench into your plans, since you are
    > >> only allowed to be in the US until August 26 regardless of what happens
    > >> - your B-2 wouldn't be approved past that date.
    > >>
    > >> It may be best to include a copy of the renewal application, and hope
    > >> that BCIS will send you an RFE for the new passport.
    > >
    > > Doh! If the typical I-539 processing time is 3 months, would they send
    > > me an RFE in 3 month's time or immediately?
    > Probably closer to the three months.
    > >> > 3. For my requested duration of B-2, is the period of 3 months too
    > >> > long to ask? Btw, my attorney said it takes the BCIS approx. 3
    > >> > months to adjudicate this type of I-539's.
    > >>
    > >> That's reasonable. See above re. the passport issue, though.
    > >>
    > >> > 4. My I-140/I-485 petitions have been withdrawn. Am I "still a bona
    > >> > fide nonimmigrant" as far as the I-539 is concerned?
    > >>
    > >> That's up to BCIS to decide. Technically, you are if you do not plan on
    > >> applying for AOS without going to Canada first. Since you said earlier
    > >> that you are thinking about going for an H-1B and then refiling an AOS,
    > >> you are not technically a bona fide non-immigrant.
    > >
    > > Perhaps you misunderstood me. I am not thinking about immigration at
    > > this point. I simply want to find and start a new job, which explains
    > > why I chose to go the B-2 route instead of the pending I-485 route.
    > > Perhaps in a year's time my family and I will re-consider the issue and
    > > decide what to do. We are now very scared of the green-card process --
    > > look at what kind of mess I got myself in!
    > Understood. Don't be too scared, though. Sometimes, you have to take a
    > chance in life, and the price is well worth it.
    > Regardless: it is not enough to not plan on getting a Green Card. You have
    > to actually convince BCIS of that. Also, you have to convince them that
    > you won't be seeking an H-1B, either!
    > The good news is that BCIS seems to not be too strict about this, as long
    > as you specify a good reason for seeking a B-2. Write something like "wrap
    > up my affairs in the US" and request a reasonable time - do not write
    > "look for another H-1B job" and request the full six months.
    > It is OK to later change your mind and apply for an H-1B, or even to apply
    > for a Green Card within the US. The key isn't what you actually do, but
    > what you intend to do when filing the I-539. And of course, be sure that
    > when you later file your H-1B, there is no obvious lie on the I-539.
    > > Don't worry...if my family change our mind regarding immigration in a
    > > year's time (assuming that I find another job), we will for sure leave
    > > the US and go to Canada first and return. We typically go there two,
    > > three times a year
    > >
    > > I am wondering if my predicament is quite common. I'd bet that there
    > > are a lot of H-1B folks who have filed their I-140's. Out of these
    > > people, quite a few might easily get laid off in this bad economy.
    > Unfortunately, not too uncommon.
    > >> > 5. My I-140/I-485 petitions have been withdrawn. On the I-539 form,
    > >> > Part 4 Question 3a, am I "an applicant for an immigrant visa"?
    > >>
    > >> Write "I-485 withdrawn on..."
    > >
    > > Since it is a yes/no question, would my answer be "Yes, but my I-485 was
    > > withdrawn on...". or "No, my I-485 was withdrawn on..." My hunch is to
    > > say "No, my I-485 was withdrawn on...".
    > Actually, I just realized that the correct answer would certainly be No.
    > An I-485 is not an application for an immigrant visa, but for adjustment
    > of status. An immigrant visa is what you apply for at a consulate.
    > >> > 7. Since my I-140/I-485 petitions have been withdrawn, should I
    > >> > withdraw my I-131 and I-765 petitions as well?
    > >>
    > >> They are automatically considered withdrawn since they no longer have
    > >> any basis.
    > >
    > > Maybe I should send them a withdrawal letter just in case...
    > Won't hurt.
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539 and H.R. 832. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.