Bodowski

I have an I-130 approved (my wife's petition on my behalf), so I am now sending the I-145, w/ all the paper work (wow!) (AOS package) - and the work authorization form. But it ocurred to me that I may be sending INS info that is not totally accurate:

I am in between H1-Bs - changed jobs 4 months ago, and should receive new approval on January, then will travel abroad, get a new Visa on my passport....

Therefore, my nonimmigrant number on I-485 wil soon change..., and the name of the company I work for (showed on my biographic info) does not match the name of my employer on my Visa...

Should I wait until January to send the AOS package?

Note: My lawyers handle my H1-B, but my marriage/INS paperwork I do by myself... - it is a lot cheaper! : )

As always, thanks much!!!

Andy Platt

File now and file for advance parole and employment authorization and forget
about ever getting another H-1B visa is my advice. Why? Because the rules
for using an H-1B visa to travel while pending adjustment of status
specifically require a form that the local INS offices don't give you. One
lawyer believes that if you actually have AP when you leave the US, a strict
reading of the law would imply that you will not abandon your adjustment of
status application. We both agree, though, that the safest thing is to get
the AP and use it. However, doing that would mean you would no longer be in
H-1B status and would require employment authorization to work.

So, that's what I would do. File the I-485, the I-765 and the I-131 at the
same time (if your local INS office allows you to file the I-131 with the
I-485).

BTW, you do not need a new visa when changing companies, you just need the
I-797 approval. You only need a new visa if the old one is expired.

Andy.

--
I'm not really here - it's just your warped imagination.
"Bodowski" wrote in message
news:[email protected]...
    > I have an I-130 approved (my wife's petition on my behalf), so I am now
    > sending the I-145, w/ all the paper work (wow!) (AOS package) - and the
    > work authorization form. But it ocurred to me that I may be sending INS
    > info that is not totally accurate:
    > I am in between H1-Bs - changed jobs 4 months ago, and should receive
    > new approval on January, then will travel abroad, get a new Visa on my
    > passport....
    > Therefore, my nonimmigrant number on I-485 wil soon change..., and the
    > name of the company I work for (showed on my biographic info) does not
    > match the name of my employer on my Visa...
    > Should I wait until January to send the AOS package?
    > Note: My lawyers handle my H1-B, but my marriage/INS paperwork I do by
    > myself... - it is a lot cheaper! : )
    > As always, thanks much!!!
    > --
    > Posted via http://britishexpats.com

Bodowski

I will file the forms now, but withou the Advance Parole. I should be receiving the H1-B shortly (in about 2 months). I can travel freely with my H1-B as long as it is valid, can't I ?

So I don't see the need of the Advance Parole. If one day I loose my H1-B status, I can then file the AP - I understand that I can do it at any time,, as long as I do it months in advance to the planned trip (since INS is slow).

Will my nonimmigrant Visa number change when I receive the new H1-B?

Thanks!

Andre

Rete

Your note explains why you filed separately on the I-130 and the I-485. They should have both been filed together at the local INS office rather than separately.

Andy answered your H-1B questions and I concur with his logic. You complete the forms with the information you currently have on hand.

I have a question(s) for you Andre. If you are between jobs, are you not out of status at the moment? It was my understanding that once your H-1B expired and/or you lost your job, you were to leave the US immediately. There is no 30 day period of grace. And you state you have changed jobs. How could you do that without an approved H-1B?

As for advance parole, if the above assumptions on my part are correct, would you be subject to any type of ban if you were to leave with a new H-1B because of an overstay when the first H-1B expired?

Rete

Bodowski

No, I didn't have to leave the States. I transferred an existing H1-B from one company (my previous employer) to another company (my current employer). I was never without a legal status. I am now just waiting to receive the final paperwork on the transfer. My H1-B never expired - it is still valid for more than a year.

Andre

Rete

Sorry for the questions but I was not aware that you could transfer H-1Bs between companies. I thought each company had to file for you separately and that the one H-1B is good for only the company which applied for it for you.

Rete

Bodowski

I guess what you said is not totally wrong either.... Look for another forum available on this site (about H1-Bs) if you have more questions...

Rete

Thank you I am quite aware of the alt.visa.us and miscellaneous visa newsgroups both on expats and on google. I was questioning you principally as you are a H-1B holder and should know the rules and regulations regarding your visa type. I would hate for you to find yourself in a position where your AOS might possibly be denied because of something done in error on your part.

Rete

Andy Platt

"Bodowski" wrote:

    > I will file the forms now, but withou the Advance Parole. I should be
    > receiving the H1-B shortly (in about 2 months). I can travel freely with
    > my H1-B as long as it is valid, can't I ?

Perhaps, perhaps not. The law says that if you leave the US without AP you
have abandoned your AOS application. This was then amended to say that
H-1Bers (and L-1ers and their dependents) could leave without AP so long as
when they re-entered the US they presented their original I-797 receipt for
filing the I-485. Unless your local INS office is Baltimore (so that you
would file with VSC) you will not have this and will not be able to meet
that part of the law. Therefore a reading of the law would indicate that you
would have abandoned your AOS and would need to re-file. On the other hand,
you could hope that the INS officials have the same understanding that
others do that you can travel on your H-1B visa when pending AOS without the
need for special documents.

Are you a gambling man?

Andy.

--
I'm not really here - it's just your warped imagination.