traveling while H-1B -> B2
Jul 13th 2003, 3:01 am
#1
Guest
Posts: n/a
traveling while H-1B -> B2
Hi Ingo and others. I am a Canadian citizen currently working while
on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
However, I just found out that I will be laid off next week.
Naturally, I am going to file an I-539 application to change my status
to B-2 (for a couple of months) before my last day of employment. I
will also ask the company to withdraw the I-140/I-485 applications.
My question is -- after I receive the receipt notice from BCIS, can I
travel freely between the US and Canada while my I-539 is pending? If
not, then I won't be able to go to potential job interviews in Canada
Teich
on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
However, I just found out that I will be laid off next week.
Naturally, I am going to file an I-539 application to change my status
to B-2 (for a couple of months) before my last day of employment. I
will also ask the company to withdraw the I-140/I-485 applications.
My question is -- after I receive the receipt notice from BCIS, can I
travel freely between the US and Canada while my I-539 is pending? If
not, then I won't be able to go to potential job interviews in Canada
Teich
Jul 13th 2003, 4:03 pm
#2
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
> Hi Ingo and others. I am a Canadian citizen currently working while on
> an H-1B. My employer has filed for an I-140/I-485 on my behalf.
> However, I just found out that I will be laid off next week.
>
> Naturally, I am going to file an I-539 application to change my status
> to B-2 (for a couple of months) before my last day of employment.
DO NOT do this without some forethought! Your I-485 already means that you
remain in status. Filing an I-539 would effectively withdraw the I-485.
> I will also ask the company to withdraw the I-140/I-485 applications.
You don't necessarily have to do this; you may be able to continue the
I-485, as long as the employer does not withdraw the I-140 and you find a
new job in the same field.
> My question is -- after I receive the receipt notice from BCIS, can I
> travel freely between the US and Canada while my I-539 is pending? If
> not, then I won't be able to go to potential job interviews in Canada
>
If you travel to Canada, your I-539 (and your I-485) would be considered
abandoned. That may not be a huge problem because as a Canadian, you can
usually travel to the US as a B-2 tourist without too much hassle, which
of course has the same effect as the I-539 would have had.
The one concern I have is that it is possible that you would not be
readmitted because of perceived immigration intent.
--
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.
> Hi Ingo and others. I am a Canadian citizen currently working while on
> an H-1B. My employer has filed for an I-140/I-485 on my behalf.
> However, I just found out that I will be laid off next week.
>
> Naturally, I am going to file an I-539 application to change my status
> to B-2 (for a couple of months) before my last day of employment.
DO NOT do this without some forethought! Your I-485 already means that you
remain in status. Filing an I-539 would effectively withdraw the I-485.
> I will also ask the company to withdraw the I-140/I-485 applications.
You don't necessarily have to do this; you may be able to continue the
I-485, as long as the employer does not withdraw the I-140 and you find a
new job in the same field.
> My question is -- after I receive the receipt notice from BCIS, can I
> travel freely between the US and Canada while my I-539 is pending? If
> not, then I won't be able to go to potential job interviews in Canada
>
If you travel to Canada, your I-539 (and your I-485) would be considered
abandoned. That may not be a huge problem because as a Canadian, you can
usually travel to the US as a B-2 tourist without too much hassle, which
of course has the same effect as the I-539 would have had.
The one concern I have is that it is possible that you would not be
readmitted because of perceived immigration intent.
--
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.
Jul 13th 2003, 6:29 pm
#3
Guest
Posts: n/a
Re: traveling while H-1B -> B2
"Ingo Pakleppa" wrote in message
news
[email protected]...
> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
> > Hi Ingo and others. I am a Canadian citizen currently working while on
> > an H-1B. My employer has filed for an I-140/I-485 on my behalf.
> > However, I just found out that I will be laid off next week.
> >
> > Naturally, I am going to file an I-539 application to change my status
> > to B-2 (for a couple of months) before my last day of employment.
> DO NOT do this without some forethought! Your I-485 already means that you
> remain in status. Filing an I-539 would effectively withdraw the I-485.
Btw, I forgot to tell you that I was in the Outstanding Researcher EB-1(b)
category filing for an I-140/I-485 concurrently. It has NOT been 180 days
since I filed my I-140/I-485 petitions.
You made a very interesting point -- can I be in valid "I-485 pending"
status although my employment is terminated? To make things more
complicated, in a month or two, my employer is likely to report to the BCIS
that my H-1B based employement will be over. Wouldn't that make BCIS deny
my I-140 EB-1(b) petition automatically?
> > I will also ask the company to withdraw the I-140/I-485 applications.
> You don't necessarily have to do this; you may be able to continue the
> I-485, as long as the employer does not withdraw the I-140 and you find a
> new job in the same field.
If my (old) employer does not withdraw the I-140 at all, how much time do I
have before I go out of status, since it takes almost 2 years to approve an
I-485.
> > My question is -- after I receive the receipt notice from BCIS, can I
> > travel freely between the US and Canada while my I-539 is pending? If
> > not, then I won't be able to go to potential job interviews in Canada
> >
> If you travel to Canada, your I-539 (and your I-485) would be considered
> abandoned. That may not be a huge problem because as a Canadian, you can
> usually travel to the US as a B-2 tourist without too much hassle, which
> of course has the same effect as the I-539 would have had.
> The one concern I have is that it is possible that you would not be
> readmitted because of perceived immigration intent.
I agree with your concern. It might be tough to convince an inspector of my
non-immigration intent although the I-485 is considered abandoned. I guess
I won't be looking for jobs in Canada...
Thanks very much for your help.
Teich
news
[email protected]...> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
> > Hi Ingo and others. I am a Canadian citizen currently working while on
> > an H-1B. My employer has filed for an I-140/I-485 on my behalf.
> > However, I just found out that I will be laid off next week.
> >
> > Naturally, I am going to file an I-539 application to change my status
> > to B-2 (for a couple of months) before my last day of employment.
> DO NOT do this without some forethought! Your I-485 already means that you
> remain in status. Filing an I-539 would effectively withdraw the I-485.
Btw, I forgot to tell you that I was in the Outstanding Researcher EB-1(b)
category filing for an I-140/I-485 concurrently. It has NOT been 180 days
since I filed my I-140/I-485 petitions.
You made a very interesting point -- can I be in valid "I-485 pending"
status although my employment is terminated? To make things more
complicated, in a month or two, my employer is likely to report to the BCIS
that my H-1B based employement will be over. Wouldn't that make BCIS deny
my I-140 EB-1(b) petition automatically?
> > I will also ask the company to withdraw the I-140/I-485 applications.
> You don't necessarily have to do this; you may be able to continue the
> I-485, as long as the employer does not withdraw the I-140 and you find a
> new job in the same field.
If my (old) employer does not withdraw the I-140 at all, how much time do I
have before I go out of status, since it takes almost 2 years to approve an
I-485.
> > My question is -- after I receive the receipt notice from BCIS, can I
> > travel freely between the US and Canada while my I-539 is pending? If
> > not, then I won't be able to go to potential job interviews in Canada
> >
> If you travel to Canada, your I-539 (and your I-485) would be considered
> abandoned. That may not be a huge problem because as a Canadian, you can
> usually travel to the US as a B-2 tourist without too much hassle, which
> of course has the same effect as the I-539 would have had.
> The one concern I have is that it is possible that you would not be
> readmitted because of perceived immigration intent.
I agree with your concern. It might be tough to convince an inspector of my
non-immigration intent although the I-485 is considered abandoned. I guess
I won't be looking for jobs in Canada...
Thanks very much for your help.
Teich
Jul 14th 2003, 5:13 am
#4
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Mon, 14 Jul 2003 06:29:00 +0000, Teich wrote:
> "Ingo Pakleppa" wrote in message
> news[email protected]...
>> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
>> > Hi Ingo and others. I am a Canadian citizen currently working while
>> > on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
>> > However, I just found out that I will be laid off next week.
>> >
>> > Naturally, I am going to file an I-539 application to change my
>> > status to B-2 (for a couple of months) before my last day of
>> > employment.
>> DO NOT do this without some forethought! Your I-485 already means that
>> you remain in status. Filing an I-539 would effectively withdraw the
>> I-485.
>
> Btw, I forgot to tell you that I was in the Outstanding Researcher
> EB-1(b) category filing for an I-140/I-485 concurrently. It has NOT
> been 180 days since I filed my I-140/I-485 petitions.
>
> You made a very interesting point -- can I be in valid "I-485 pending"
> status although my employment is terminated? To make things more
> complicated, in a month or two, my employer is likely to report to the
> BCIS that my H-1B based employement will be over. Wouldn't that make
> BCIS deny my I-140 EB-1(b) petition automatically?
Not necessarily. They would have to withdraw the I-140 to do that.
As for the 180 days: BCIS has not issued regulations on this, so this is a
bit muddy. But most lawyers will tell you that the letter of the law says
that the processing time for the I-485 being longer than 180 days is the
criterion - NOT how long it has already been pending. So if you know that
BCIS won't approve your I-485 for at least six months, you would be
allowed to change jobs in your field from day one.
Note that I do not recommend doing this, as there is considerable risk
involved, but if you don't have a choice...
>> > I will also ask the company to withdraw the I-140/I-485 applications.
>> You don't necessarily have to do this; you may be able to continue the
>> I-485, as long as the employer does not withdraw the I-140 and you find
>> a new job in the same field.
>
> If my (old) employer does not withdraw the I-140 at all, how much time
> do I have before I go out of status, since it takes almost 2 years to
> approve an I-485.
You should find a new job in the same field as quickly as you can. Then,
there shouldn't be a problem at all.
>> > My question is -- after I receive the receipt notice from BCIS, can I
>> > travel freely between the US and Canada while my I-539 is pending?
>> > If not, then I won't be able to go to potential job interviews in
>> > Canada
>> >
>> If you travel to Canada, your I-539 (and your I-485) would be
>> considered abandoned. That may not be a huge problem because as a
>> Canadian, you can usually travel to the US as a B-2 tourist without too
>> much hassle, which of course has the same effect as the I-539 would
>> have had.
>> The one concern I have is that it is possible that you would not be
>> readmitted because of perceived immigration intent.
>
> I agree with your concern. It might be tough to convince an inspector
> of my non-immigration intent although the I-485 is considered abandoned.
> I guess I won't be looking for jobs in Canada...
Either that, or go to Canada and don't plan on coming back.
--
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" wrote in message
> news
[email protected]...>> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
>> > Hi Ingo and others. I am a Canadian citizen currently working while
>> > on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
>> > However, I just found out that I will be laid off next week.
>> >
>> > Naturally, I am going to file an I-539 application to change my
>> > status to B-2 (for a couple of months) before my last day of
>> > employment.
>> DO NOT do this without some forethought! Your I-485 already means that
>> you remain in status. Filing an I-539 would effectively withdraw the
>> I-485.
>
> Btw, I forgot to tell you that I was in the Outstanding Researcher
> EB-1(b) category filing for an I-140/I-485 concurrently. It has NOT
> been 180 days since I filed my I-140/I-485 petitions.
>
> You made a very interesting point -- can I be in valid "I-485 pending"
> status although my employment is terminated? To make things more
> complicated, in a month or two, my employer is likely to report to the
> BCIS that my H-1B based employement will be over. Wouldn't that make
> BCIS deny my I-140 EB-1(b) petition automatically?
Not necessarily. They would have to withdraw the I-140 to do that.
As for the 180 days: BCIS has not issued regulations on this, so this is a
bit muddy. But most lawyers will tell you that the letter of the law says
that the processing time for the I-485 being longer than 180 days is the
criterion - NOT how long it has already been pending. So if you know that
BCIS won't approve your I-485 for at least six months, you would be
allowed to change jobs in your field from day one.
Note that I do not recommend doing this, as there is considerable risk
involved, but if you don't have a choice...
>> > I will also ask the company to withdraw the I-140/I-485 applications.
>> You don't necessarily have to do this; you may be able to continue the
>> I-485, as long as the employer does not withdraw the I-140 and you find
>> a new job in the same field.
>
> If my (old) employer does not withdraw the I-140 at all, how much time
> do I have before I go out of status, since it takes almost 2 years to
> approve an I-485.
You should find a new job in the same field as quickly as you can. Then,
there shouldn't be a problem at all.
>> > My question is -- after I receive the receipt notice from BCIS, can I
>> > travel freely between the US and Canada while my I-539 is pending?
>> > If not, then I won't be able to go to potential job interviews in
>> > Canada
>> >
>> If you travel to Canada, your I-539 (and your I-485) would be
>> considered abandoned. That may not be a huge problem because as a
>> Canadian, you can usually travel to the US as a B-2 tourist without too
>> much hassle, which of course has the same effect as the I-539 would
>> have had.
>> The one concern I have is that it is possible that you would not be
>> readmitted because of perceived immigration intent.
>
> I agree with your concern. It might be tough to convince an inspector
> of my non-immigration intent although the I-485 is considered abandoned.
> I guess I won't be looking for jobs in Canada...
Either that, or go to Canada and don't plan on coming back.
--
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.
Jul 14th 2003, 4:31 pm
#5
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, please allow me to re-start the discussions from scratch.
First, here is my background information. I am a Canadian citizen. My
I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I have not
received my EAD nor my Advance Parole. I am being laid off by my company,
where the termination date will be July 24, 2003.
Please let me know if it is correct that I have the following two choices
after my layoff:
1. File the I-539 form to switch to the B-2 visitor status. If I find a new
job within 60 days, I'll then apply for an H-1B transfer. On the other hand,
If I find a new job after 60 days, I will file for a new H-1B. [ Also, I am
not sure if my petition for the B-2 visa will be approved since my
I-140/I-485 are pending. ]
2. Don't file the I-539 form. To remain in status, I will count on my I-485
pending status. Again, if I find a new job within 60 days, I'll then apply
for an H-1B transfer. In the event that my I-485 is denied all of a sudden,
I will switch to a B-2 right away.
If options #1 and #2 are available, I'd prefer going with option #2, since I
will always remain in status.
Misc Questions
============
A. If my company withdraws my I-140/I-485 petitions right after I find a new
job, what are my chances of getting a TN visa for the new job? In other
words, do you think I will have problems convincing the BCIS inspector that
I no longer have immigration intent?
B. How long can my I-485 pending status last approximately?
C. Is there any difficulty using the H-1B portability rule going from an
H-1B to B-2, then to another H-1B, assuming that I can find a new job within
60 days?
Thanks for your help in advance,
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Mon, 14 Jul 2003 06:29:00 +0000, Teich wrote:
> > "Ingo Pakleppa" wrote in message
> > news[email protected]...
> >> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
> >>
> >> > Hi Ingo and others. I am a Canadian citizen currently working while
> >> > on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
> >> > However, I just found out that I will be laid off next week.
> >> >
> >> > Naturally, I am going to file an I-539 application to change my
> >> > status to B-2 (for a couple of months) before my last day of
> >> > employment.
> >>
> >> DO NOT do this without some forethought! Your I-485 already means that
> >> you remain in status. Filing an I-539 would effectively withdraw the
> >> I-485.
> >
> > Btw, I forgot to tell you that I was in the Outstanding Researcher
> > EB-1(b) category filing for an I-140/I-485 concurrently. It has NOT
> > been 180 days since I filed my I-140/I-485 petitions.
> >
> > You made a very interesting point -- can I be in valid "I-485 pending"
> > status although my employment is terminated? To make things more
> > complicated, in a month or two, my employer is likely to report to the
> > BCIS that my H-1B based employement will be over. Wouldn't that make
> > BCIS deny my I-140 EB-1(b) petition automatically?
> Not necessarily. They would have to withdraw the I-140 to do that.
> As for the 180 days: BCIS has not issued regulations on this, so this is a
> bit muddy. But most lawyers will tell you that the letter of the law says
> that the processing time for the I-485 being longer than 180 days is the
> criterion - NOT how long it has already been pending. So if you know that
> BCIS won't approve your I-485 for at least six months, you would be
> allowed to change jobs in your field from day one.
> Note that I do not recommend doing this, as there is considerable risk
> involved, but if you don't have a choice...
> >> > I will also ask the company to withdraw the I-140/I-485 applications.
> >>
> >> You don't necessarily have to do this; you may be able to continue the
> >> I-485, as long as the employer does not withdraw the I-140 and you find
> >> a new job in the same field.
> >
> > If my (old) employer does not withdraw the I-140 at all, how much time
> > do I have before I go out of status, since it takes almost 2 years to
> > approve an I-485.
> You should find a new job in the same field as quickly as you can. Then,
> there shouldn't be a problem at all.
> >> > My question is -- after I receive the receipt notice from BCIS, can I
> >> > travel freely between the US and Canada while my I-539 is pending?
> >> > If not, then I won't be able to go to potential job interviews in
> >> > Canada
> >> >
> >>
> >> If you travel to Canada, your I-539 (and your I-485) would be
> >> considered abandoned. That may not be a huge problem because as a
> >> Canadian, you can usually travel to the US as a B-2 tourist without too
> >> much hassle, which of course has the same effect as the I-539 would
> >> have had.
> >>
> >> The one concern I have is that it is possible that you would not be
> >> readmitted because of perceived immigration intent.
> >
> > I agree with your concern. It might be tough to convince an inspector
> > of my non-immigration intent although the I-485 is considered abandoned.
> > I guess I won't be looking for jobs in Canada...
> Either that, or go to Canada and don't plan on coming back.
> --
> 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.
First, here is my background information. I am a Canadian citizen. My
I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I have not
received my EAD nor my Advance Parole. I am being laid off by my company,
where the termination date will be July 24, 2003.
Please let me know if it is correct that I have the following two choices
after my layoff:
1. File the I-539 form to switch to the B-2 visitor status. If I find a new
job within 60 days, I'll then apply for an H-1B transfer. On the other hand,
If I find a new job after 60 days, I will file for a new H-1B. [ Also, I am
not sure if my petition for the B-2 visa will be approved since my
I-140/I-485 are pending. ]
2. Don't file the I-539 form. To remain in status, I will count on my I-485
pending status. Again, if I find a new job within 60 days, I'll then apply
for an H-1B transfer. In the event that my I-485 is denied all of a sudden,
I will switch to a B-2 right away.
If options #1 and #2 are available, I'd prefer going with option #2, since I
will always remain in status.
Misc Questions
============
A. If my company withdraws my I-140/I-485 petitions right after I find a new
job, what are my chances of getting a TN visa for the new job? In other
words, do you think I will have problems convincing the BCIS inspector that
I no longer have immigration intent?
B. How long can my I-485 pending status last approximately?
C. Is there any difficulty using the H-1B portability rule going from an
H-1B to B-2, then to another H-1B, assuming that I can find a new job within
60 days?
Thanks for your help in advance,
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Mon, 14 Jul 2003 06:29:00 +0000, Teich wrote:
> > "Ingo Pakleppa" wrote in message
> > news
[email protected]...> >> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
> >>
> >> > Hi Ingo and others. I am a Canadian citizen currently working while
> >> > on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
> >> > However, I just found out that I will be laid off next week.
> >> >
> >> > Naturally, I am going to file an I-539 application to change my
> >> > status to B-2 (for a couple of months) before my last day of
> >> > employment.
> >>
> >> DO NOT do this without some forethought! Your I-485 already means that
> >> you remain in status. Filing an I-539 would effectively withdraw the
> >> I-485.
> >
> > Btw, I forgot to tell you that I was in the Outstanding Researcher
> > EB-1(b) category filing for an I-140/I-485 concurrently. It has NOT
> > been 180 days since I filed my I-140/I-485 petitions.
> >
> > You made a very interesting point -- can I be in valid "I-485 pending"
> > status although my employment is terminated? To make things more
> > complicated, in a month or two, my employer is likely to report to the
> > BCIS that my H-1B based employement will be over. Wouldn't that make
> > BCIS deny my I-140 EB-1(b) petition automatically?
> Not necessarily. They would have to withdraw the I-140 to do that.
> As for the 180 days: BCIS has not issued regulations on this, so this is a
> bit muddy. But most lawyers will tell you that the letter of the law says
> that the processing time for the I-485 being longer than 180 days is the
> criterion - NOT how long it has already been pending. So if you know that
> BCIS won't approve your I-485 for at least six months, you would be
> allowed to change jobs in your field from day one.
> Note that I do not recommend doing this, as there is considerable risk
> involved, but if you don't have a choice...
> >> > I will also ask the company to withdraw the I-140/I-485 applications.
> >>
> >> You don't necessarily have to do this; you may be able to continue the
> >> I-485, as long as the employer does not withdraw the I-140 and you find
> >> a new job in the same field.
> >
> > If my (old) employer does not withdraw the I-140 at all, how much time
> > do I have before I go out of status, since it takes almost 2 years to
> > approve an I-485.
> You should find a new job in the same field as quickly as you can. Then,
> there shouldn't be a problem at all.
> >> > My question is -- after I receive the receipt notice from BCIS, can I
> >> > travel freely between the US and Canada while my I-539 is pending?
> >> > If not, then I won't be able to go to potential job interviews in
> >> > Canada
> >> >
> >>
> >> If you travel to Canada, your I-539 (and your I-485) would be
> >> considered abandoned. That may not be a huge problem because as a
> >> Canadian, you can usually travel to the US as a B-2 tourist without too
> >> much hassle, which of course has the same effect as the I-539 would
> >> have had.
> >>
> >> The one concern I have is that it is possible that you would not be
> >> readmitted because of perceived immigration intent.
> >
> > I agree with your concern. It might be tough to convince an inspector
> > of my non-immigration intent although the I-485 is considered abandoned.
> > I guess I won't be looking for jobs in Canada...
> Either that, or go to Canada and don't plan on coming back.
> --
> 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.
Jul 14th 2003, 7:51 pm
#6
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Tue, 15 Jul 2003 04:31:07 +0000, Teich wrote:
> Ingo, please allow me to re-start the discussions from scratch.
>
> First, here is my background information. I am a Canadian citizen. My
> I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. I am being laid off by my company,
> where the termination date will be July 24, 2003.
>
> Please let me know if it is correct that I have the following two choices
> after my layoff:
>
> 1. File the I-539 form to switch to the B-2 visitor status. If I find a new
> job within 60 days, I'll then apply for an H-1B transfer. On the other hand,
> If I find a new job after 60 days, I will file for a new H-1B. [ Also, I am
> not sure if my petition for the B-2 visa will be approved since my
> I-140/I-485 are pending. ]
If you are filing an I-539, you are at the same time implicitly
withdrawing the I-485. You can't say "I want to be a tourist" and "I want
to live in the US permanently" at the same time. Also, I agree with your
suspicion; the B-2 will probably be denied, as well - after killing your
I-485. So you'd be left with nothing.
> 2. Don't file the I-539 form. To remain in status, I will count on my I-485
> pending status. Again, if I find a new job within 60 days, I'll then apply
> for an H-1B transfer.
Yes.
> In the event that my I-485 is denied all of a sudden, I will switch to a
> B-2 right away.
Not possible. Either, you already have a new job with a new H-1B and don't
need a B-2, or you are out of status when the I-485 is denied, and can't
apply for a B-2 any more.
> If options #1 and #2 are available, I'd prefer going with option #2, since I
> will always remain in status.
>
> Misc Questions
> ============
> A. If my company withdraws my I-140/I-485 petitions right after I find a new
> job, what are my chances of getting a TN visa for the new job? In other
> words, do you think I will have problems convincing the BCIS inspector that
> I no longer have immigration intent?
>
> B. How long can my I-485 pending status last approximately?
>
> C. Is there any difficulty using the H-1B portability rule going from an
> H-1B to B-2, then to another H-1B, assuming that I can find a new job within
> 60 days?
>
> Thanks for your help in advance,
> Teich
>
>
> "Ingo Pakleppa" wrote in message
> news[email protected]...
>> On Mon, 14 Jul 2003 06:29:00 +0000, Teich wrote:
>> > "Ingo Pakleppa" wrote in message
>> > news[email protected]...
>> >> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
>> >>
>> >> > Hi Ingo and others. I am a Canadian citizen currently working while
>> >> > on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
>> >> > However, I just found out that I will be laid off next week.
>> >> >
>> >> > Naturally, I am going to file an I-539 application to change my
>> >> > status to B-2 (for a couple of months) before my last day of
>> >> > employment.
>> >>
>> >> DO NOT do this without some forethought! Your I-485 already means that
>> >> you remain in status. Filing an I-539 would effectively withdraw the
>> >> I-485.
>> >
>> > Btw, I forgot to tell you that I was in the Outstanding Researcher
>> > EB-1(b) category filing for an I-140/I-485 concurrently. It has NOT
>> > been 180 days since I filed my I-140/I-485 petitions.
>> >
>> > You made a very interesting point -- can I be in valid "I-485 pending"
>> > status although my employment is terminated? To make things more
>> > complicated, in a month or two, my employer is likely to report to the
>> > BCIS that my H-1B based employement will be over. Wouldn't that make
>> > BCIS deny my I-140 EB-1(b) petition automatically?
>> Not necessarily. They would have to withdraw the I-140 to do that.
>> As for the 180 days: BCIS has not issued regulations on this, so this is a
>> bit muddy. But most lawyers will tell you that the letter of the law says
>> that the processing time for the I-485 being longer than 180 days is the
>> criterion - NOT how long it has already been pending. So if you know that
>> BCIS won't approve your I-485 for at least six months, you would be
>> allowed to change jobs in your field from day one.
>> Note that I do not recommend doing this, as there is considerable risk
>> involved, but if you don't have a choice...
>> >> > I will also ask the company to withdraw the I-140/I-485 applications.
>> >>
>> >> You don't necessarily have to do this; you may be able to continue the
>> >> I-485, as long as the employer does not withdraw the I-140 and you find
>> >> a new job in the same field.
>> >
>> > If my (old) employer does not withdraw the I-140 at all, how much time
>> > do I have before I go out of status, since it takes almost 2 years to
>> > approve an I-485.
>> You should find a new job in the same field as quickly as you can. Then,
>> there shouldn't be a problem at all.
>> >> > My question is -- after I receive the receipt notice from BCIS, can I
>> >> > travel freely between the US and Canada while my I-539 is pending?
>> >> > If not, then I won't be able to go to potential job interviews in
>> >> > Canada
>> >> >
>> >>
>> >> If you travel to Canada, your I-539 (and your I-485) would be
>> >> considered abandoned. That may not be a huge problem because as a
>> >> Canadian, you can usually travel to the US as a B-2 tourist without too
>> >> much hassle, which of course has the same effect as the I-539 would
>> >> have had.
>> >>
>> >> The one concern I have is that it is possible that you would not be
>> >> readmitted because of perceived immigration intent.
>> >
>> > I agree with your concern. It might be tough to convince an inspector
>> > of my non-immigration intent although the I-485 is considered abandoned.
>> > I guess I won't be looking for jobs in Canada...
>> Either that, or go to Canada and don't plan on coming back.
>> --
>> 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.
> Ingo, please allow me to re-start the discussions from scratch.
>
> First, here is my background information. I am a Canadian citizen. My
> I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I have not
> received my EAD nor my Advance Parole. I am being laid off by my company,
> where the termination date will be July 24, 2003.
>
> Please let me know if it is correct that I have the following two choices
> after my layoff:
>
> 1. File the I-539 form to switch to the B-2 visitor status. If I find a new
> job within 60 days, I'll then apply for an H-1B transfer. On the other hand,
> If I find a new job after 60 days, I will file for a new H-1B. [ Also, I am
> not sure if my petition for the B-2 visa will be approved since my
> I-140/I-485 are pending. ]
If you are filing an I-539, you are at the same time implicitly
withdrawing the I-485. You can't say "I want to be a tourist" and "I want
to live in the US permanently" at the same time. Also, I agree with your
suspicion; the B-2 will probably be denied, as well - after killing your
I-485. So you'd be left with nothing.
> 2. Don't file the I-539 form. To remain in status, I will count on my I-485
> pending status. Again, if I find a new job within 60 days, I'll then apply
> for an H-1B transfer.
Yes.
> In the event that my I-485 is denied all of a sudden, I will switch to a
> B-2 right away.
Not possible. Either, you already have a new job with a new H-1B and don't
need a B-2, or you are out of status when the I-485 is denied, and can't
apply for a B-2 any more.
> If options #1 and #2 are available, I'd prefer going with option #2, since I
> will always remain in status.
>
> Misc Questions
> ============
> A. If my company withdraws my I-140/I-485 petitions right after I find a new
> job, what are my chances of getting a TN visa for the new job? In other
> words, do you think I will have problems convincing the BCIS inspector that
> I no longer have immigration intent?
>
> B. How long can my I-485 pending status last approximately?
>
> C. Is there any difficulty using the H-1B portability rule going from an
> H-1B to B-2, then to another H-1B, assuming that I can find a new job within
> 60 days?
>
> Thanks for your help in advance,
> Teich
>
>
> "Ingo Pakleppa" wrote in message
> news
[email protected]...>> On Mon, 14 Jul 2003 06:29:00 +0000, Teich wrote:
>> > "Ingo Pakleppa" wrote in message
>> > news
[email protected]...>> >> On Sun, 13 Jul 2003 08:01:40 -0700, Teich wrote:
>> >>
>> >> > Hi Ingo and others. I am a Canadian citizen currently working while
>> >> > on an H-1B. My employer has filed for an I-140/I-485 on my behalf.
>> >> > However, I just found out that I will be laid off next week.
>> >> >
>> >> > Naturally, I am going to file an I-539 application to change my
>> >> > status to B-2 (for a couple of months) before my last day of
>> >> > employment.
>> >>
>> >> DO NOT do this without some forethought! Your I-485 already means that
>> >> you remain in status. Filing an I-539 would effectively withdraw the
>> >> I-485.
>> >
>> > Btw, I forgot to tell you that I was in the Outstanding Researcher
>> > EB-1(b) category filing for an I-140/I-485 concurrently. It has NOT
>> > been 180 days since I filed my I-140/I-485 petitions.
>> >
>> > You made a very interesting point -- can I be in valid "I-485 pending"
>> > status although my employment is terminated? To make things more
>> > complicated, in a month or two, my employer is likely to report to the
>> > BCIS that my H-1B based employement will be over. Wouldn't that make
>> > BCIS deny my I-140 EB-1(b) petition automatically?
>> Not necessarily. They would have to withdraw the I-140 to do that.
>> As for the 180 days: BCIS has not issued regulations on this, so this is a
>> bit muddy. But most lawyers will tell you that the letter of the law says
>> that the processing time for the I-485 being longer than 180 days is the
>> criterion - NOT how long it has already been pending. So if you know that
>> BCIS won't approve your I-485 for at least six months, you would be
>> allowed to change jobs in your field from day one.
>> Note that I do not recommend doing this, as there is considerable risk
>> involved, but if you don't have a choice...
>> >> > I will also ask the company to withdraw the I-140/I-485 applications.
>> >>
>> >> You don't necessarily have to do this; you may be able to continue the
>> >> I-485, as long as the employer does not withdraw the I-140 and you find
>> >> a new job in the same field.
>> >
>> > If my (old) employer does not withdraw the I-140 at all, how much time
>> > do I have before I go out of status, since it takes almost 2 years to
>> > approve an I-485.
>> You should find a new job in the same field as quickly as you can. Then,
>> there shouldn't be a problem at all.
>> >> > My question is -- after I receive the receipt notice from BCIS, can I
>> >> > travel freely between the US and Canada while my I-539 is pending?
>> >> > If not, then I won't be able to go to potential job interviews in
>> >> > Canada
>> >> >
>> >>
>> >> If you travel to Canada, your I-539 (and your I-485) would be
>> >> considered abandoned. That may not be a huge problem because as a
>> >> Canadian, you can usually travel to the US as a B-2 tourist without too
>> >> much hassle, which of course has the same effect as the I-539 would
>> >> have had.
>> >>
>> >> The one concern I have is that it is possible that you would not be
>> >> readmitted because of perceived immigration intent.
>> >
>> > I agree with your concern. It might be tough to convince an inspector
>> > of my non-immigration intent although the I-485 is considered abandoned.
>> > I guess I won't be looking for jobs in Canada...
>> Either that, or go to Canada and don't plan on coming back.
>> --
>> 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.
Jul 15th 2003, 2:13 am
#7
Guest
Posts: n/a
Re: traveling while H-1B -> B2
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Tue, 15 Jul 2003 04:31:07 +0000, Teich wrote:
> > Ingo, please allow me to re-start the discussions from scratch.
> >
> > First, here is my background information. I am a Canadian citizen. My
> > I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I have
not
> > received my EAD nor my Advance Parole. I am being laid off by my
company,
> > where the termination date will be July 24, 2003.
> >
> > Please let me know if it is correct that I have the following two
choices
> > after my layoff:
> >
> > 1. File the I-539 form to switch to the B-2 visitor status. If I find a
new
> > job within 60 days, I'll then apply for an H-1B transfer. On the other
hand,
> > If I find a new job after 60 days, I will file for a new H-1B. [ Also, I
am
> > not sure if my petition for the B-2 visa will be approved since my
> > I-140/I-485 are pending. ]
> If you are filing an I-539, you are at the same time implicitly
> withdrawing the I-485. You can't say "I want to be a tourist" and "I want
> to live in the US permanently" at the same time. Also, I agree with your
> suspicion; the B-2 will probably be denied, as well - after killing your
> I-485. So you'd be left with nothing.
> > 2. Don't file the I-539 form. To remain in status, I will count on my
I-485
> > pending status. Again, if I find a new job within 60 days, I'll then
apply
> > for an H-1B transfer.
> Yes.
> > In the event that my I-485 is denied all of a sudden, I will switch to a
> > B-2 right away.
> Not possible. Either, you already have a new job with a new H-1B and don't
> need a B-2, or you are out of status when the I-485 is denied, and can't
> apply for a B-2 any more.
When one's I-485 is denied, is that person *immediately* out of status? How
long would the period of out-of-status be (when does the clock start
ticking)? In other words, if my I-485 is denied and my petition for a B-2
is denied also, how much time do I have to pack up my family and move back
to Canada? I guess that when I file the I-539 to try to switch to a B-2
after my I-485 is denied, it will take BCIS a while to process my I-539
petition (sometimes as much as one year, I heard).
> > If options #1 and #2 are available, I'd prefer going with option #2,
since I
> > will always remain in status.
Ingo, thanks so much for your help. Would you care to answer any of my
following three questions?
Thanks a bunch,
Teich
P.S. Since the economy is so bad, I am not confident that I can find
another job within the next two months
> > Misc Questions
> > ============
> > A. If my company withdraws my I-140/I-485 petitions right after I find a
new
> > job, what are my chances of getting a TN visa for the new job? In other
> > words, do you think I will have problems convincing the BCIS inspector
that
> > I no longer have immigration intent?
> >
> > B. How long can my I-485 pending status last approximately?
> >
> > C. Is there any difficulty using the H-1B portability rule going from an
> > H-1B to B-2, then to another H-1B, assuming that I can find a new job
within
> > 60 days?
> >
> > Thanks for your help in advance,
> > Teich
> >
news
[email protected]...> On Tue, 15 Jul 2003 04:31:07 +0000, Teich wrote:
> > Ingo, please allow me to re-start the discussions from scratch.
> >
> > First, here is my background information. I am a Canadian citizen. My
> > I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I have
not
> > received my EAD nor my Advance Parole. I am being laid off by my
company,
> > where the termination date will be July 24, 2003.
> >
> > Please let me know if it is correct that I have the following two
choices
> > after my layoff:
> >
> > 1. File the I-539 form to switch to the B-2 visitor status. If I find a
new
> > job within 60 days, I'll then apply for an H-1B transfer. On the other
hand,
> > If I find a new job after 60 days, I will file for a new H-1B. [ Also, I
am
> > not sure if my petition for the B-2 visa will be approved since my
> > I-140/I-485 are pending. ]
> If you are filing an I-539, you are at the same time implicitly
> withdrawing the I-485. You can't say "I want to be a tourist" and "I want
> to live in the US permanently" at the same time. Also, I agree with your
> suspicion; the B-2 will probably be denied, as well - after killing your
> I-485. So you'd be left with nothing.
> > 2. Don't file the I-539 form. To remain in status, I will count on my
I-485
> > pending status. Again, if I find a new job within 60 days, I'll then
apply
> > for an H-1B transfer.
> Yes.
> > In the event that my I-485 is denied all of a sudden, I will switch to a
> > B-2 right away.
> Not possible. Either, you already have a new job with a new H-1B and don't
> need a B-2, or you are out of status when the I-485 is denied, and can't
> apply for a B-2 any more.
When one's I-485 is denied, is that person *immediately* out of status? How
long would the period of out-of-status be (when does the clock start
ticking)? In other words, if my I-485 is denied and my petition for a B-2
is denied also, how much time do I have to pack up my family and move back
to Canada? I guess that when I file the I-539 to try to switch to a B-2
after my I-485 is denied, it will take BCIS a while to process my I-539
petition (sometimes as much as one year, I heard).
> > If options #1 and #2 are available, I'd prefer going with option #2,
since I
> > will always remain in status.
Ingo, thanks so much for your help. Would you care to answer any of my
following three questions?
Thanks a bunch,
Teich
P.S. Since the economy is so bad, I am not confident that I can find
another job within the next two months
> > Misc Questions
> > ============
> > A. If my company withdraws my I-140/I-485 petitions right after I find a
new
> > job, what are my chances of getting a TN visa for the new job? In other
> > words, do you think I will have problems convincing the BCIS inspector
that
> > I no longer have immigration intent?
> >
> > B. How long can my I-485 pending status last approximately?
> >
> > C. Is there any difficulty using the H-1B portability rule going from an
> > H-1B to B-2, then to another H-1B, assuming that I can find a new job
within
> > 60 days?
> >
> > Thanks for your help in advance,
> > Teich
> >
Jul 15th 2003, 2:46 am
#8
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo:
I just spoke to the company's immigration lawyer. Her interpretation seems
to differ from yours regarding the I-485 pending status. She seems to think
that since I won't be employed by the company soon, my pending I-485 does
NOT allow me to remain in status. Her reason was that my I-140 petition was
based on a job offer with the company that I no longer have.
On the other hand, she agrees with you that if I were to file an I-539
petition to change to a B-2 status, it will likely be denied by the BCIS in
a few month's time, which is the processing time for an I-539.
I feel like I am royally screwed by the entire situation
I am also thinking of getting a third/fourth opinion by retaining my own
lawyer...
Teich
"Teich" wrote in message
news:u_TQa.70169$H17.20872@sccrnsc02...
> "Ingo Pakleppa" wrote in message
> news[email protected]...
> > On Tue, 15 Jul 2003 04:31:07 +0000, Teich wrote:
> >
> > > Ingo, please allow me to re-start the discussions from scratch.
> > >
> > > First, here is my background information. I am a Canadian citizen. My
> > > I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I
have
> not
> > > received my EAD nor my Advance Parole. I am being laid off by my
> company,
> > > where the termination date will be July 24, 2003.
> > >
> > > Please let me know if it is correct that I have the following two
> choices
> > > after my layoff:
> > >
> > > 1. File the I-539 form to switch to the B-2 visitor status. If I find
a
> new
> > > job within 60 days, I'll then apply for an H-1B transfer. On the other
> hand,
> > > If I find a new job after 60 days, I will file for a new H-1B. [ Also,
I
> am
> > > not sure if my petition for the B-2 visa will be approved since my
> > > I-140/I-485 are pending. ]
> >
> > If you are filing an I-539, you are at the same time implicitly
> > withdrawing the I-485. You can't say "I want to be a tourist" and "I
want
> > to live in the US permanently" at the same time. Also, I agree with your
> > suspicion; the B-2 will probably be denied, as well - after killing your
> > I-485. So you'd be left with nothing.
> >
> > > 2. Don't file the I-539 form. To remain in status, I will count on my
> I-485
> > > pending status. Again, if I find a new job within 60 days, I'll then
> apply
> > > for an H-1B transfer.
> >
> > Yes.
> >
> > > In the event that my I-485 is denied all of a sudden, I will switch to
a
> > > B-2 right away.
> >
> > Not possible. Either, you already have a new job with a new H-1B and
don't
> > need a B-2, or you are out of status when the I-485 is denied, and can't
> > apply for a B-2 any more.
> When one's I-485 is denied, is that person *immediately* out of status?
How
> long would the period of out-of-status be (when does the clock start
> ticking)? In other words, if my I-485 is denied and my petition for a B-2
> is denied also, how much time do I have to pack up my family and move back
> to Canada? I guess that when I file the I-539 to try to switch to a B-2
> after my I-485 is denied, it will take BCIS a while to process my I-539
> petition (sometimes as much as one year, I heard).
> > > If options #1 and #2 are available, I'd prefer going with option #2,
> since I
> > > will always remain in status.
> Ingo, thanks so much for your help. Would you care to answer any of my
> following three questions?
> Thanks a bunch,
> Teich
> P.S. Since the economy is so bad, I am not confident that I can find
> another job within the next two months
> > > Misc Questions
> > > ============
> > > A. If my company withdraws my I-140/I-485 petitions right after I find
a
> new
> > > job, what are my chances of getting a TN visa for the new job? In
other
> > > words, do you think I will have problems convincing the BCIS inspector
> that
> > > I no longer have immigration intent?
> > >
> > > B. How long can my I-485 pending status last approximately?
> > >
> > > C. Is there any difficulty using the H-1B portability rule going from
an
> > > H-1B to B-2, then to another H-1B, assuming that I can find a new job
> within
> > > 60 days?
> > >
> > > Thanks for your help in advance,
> > > Teich
> > >
I just spoke to the company's immigration lawyer. Her interpretation seems
to differ from yours regarding the I-485 pending status. She seems to think
that since I won't be employed by the company soon, my pending I-485 does
NOT allow me to remain in status. Her reason was that my I-140 petition was
based on a job offer with the company that I no longer have.
On the other hand, she agrees with you that if I were to file an I-539
petition to change to a B-2 status, it will likely be denied by the BCIS in
a few month's time, which is the processing time for an I-539.
I feel like I am royally screwed by the entire situation
I am also thinking of getting a third/fourth opinion by retaining my own
lawyer...
Teich
"Teich" wrote in message
news:u_TQa.70169$H17.20872@sccrnsc02...
> "Ingo Pakleppa" wrote in message
> news
[email protected]...> > On Tue, 15 Jul 2003 04:31:07 +0000, Teich wrote:
> >
> > > Ingo, please allow me to re-start the discussions from scratch.
> > >
> > > First, here is my background information. I am a Canadian citizen. My
> > > I-140/I-485 were filed on April 8, 2003 in the EB-1(b) category. I
have
> not
> > > received my EAD nor my Advance Parole. I am being laid off by my
> company,
> > > where the termination date will be July 24, 2003.
> > >
> > > Please let me know if it is correct that I have the following two
> choices
> > > after my layoff:
> > >
> > > 1. File the I-539 form to switch to the B-2 visitor status. If I find
a
> new
> > > job within 60 days, I'll then apply for an H-1B transfer. On the other
> hand,
> > > If I find a new job after 60 days, I will file for a new H-1B. [ Also,
I
> am
> > > not sure if my petition for the B-2 visa will be approved since my
> > > I-140/I-485 are pending. ]
> >
> > If you are filing an I-539, you are at the same time implicitly
> > withdrawing the I-485. You can't say "I want to be a tourist" and "I
want
> > to live in the US permanently" at the same time. Also, I agree with your
> > suspicion; the B-2 will probably be denied, as well - after killing your
> > I-485. So you'd be left with nothing.
> >
> > > 2. Don't file the I-539 form. To remain in status, I will count on my
> I-485
> > > pending status. Again, if I find a new job within 60 days, I'll then
> apply
> > > for an H-1B transfer.
> >
> > Yes.
> >
> > > In the event that my I-485 is denied all of a sudden, I will switch to
a
> > > B-2 right away.
> >
> > Not possible. Either, you already have a new job with a new H-1B and
don't
> > need a B-2, or you are out of status when the I-485 is denied, and can't
> > apply for a B-2 any more.
> When one's I-485 is denied, is that person *immediately* out of status?
How
> long would the period of out-of-status be (when does the clock start
> ticking)? In other words, if my I-485 is denied and my petition for a B-2
> is denied also, how much time do I have to pack up my family and move back
> to Canada? I guess that when I file the I-539 to try to switch to a B-2
> after my I-485 is denied, it will take BCIS a while to process my I-539
> petition (sometimes as much as one year, I heard).
> > > If options #1 and #2 are available, I'd prefer going with option #2,
> since I
> > > will always remain in status.
> Ingo, thanks so much for your help. Would you care to answer any of my
> following three questions?
> Thanks a bunch,
> Teich
> P.S. Since the economy is so bad, I am not confident that I can find
> another job within the next two months
> > > Misc Questions
> > > ============
> > > A. If my company withdraws my I-140/I-485 petitions right after I find
a
> new
> > > job, what are my chances of getting a TN visa for the new job? In
other
> > > words, do you think I will have problems convincing the BCIS inspector
> that
> > > I no longer have immigration intent?
> > >
> > > B. How long can my I-485 pending status last approximately?
> > >
> > > C. Is there any difficulty using the H-1B portability rule going from
an
> > > H-1B to B-2, then to another H-1B, assuming that I can find a new job
> within
> > > 60 days?
> > >
> > > Thanks for your help in advance,
> > > Teich
> > >
Jul 15th 2003, 3:41 am
#9
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Tue, 15 Jul 2003 14:13:46 +0000, Teich wrote:
>> > In the event that my I-485 is denied all of a sudden, I will switch to a
>> > B-2 right away.
>> Not possible. Either, you already have a new job with a new H-1B and don't
>> need a B-2, or you are out of status when the I-485 is denied, and can't
>> apply for a B-2 any more.
>
> When one's I-485 is denied, is that person *immediately* out of status?
Yes.
> How long would the period of out-of-status be (when does the clock start
> ticking)?
Depends on circumstances. If the I-485 was approvable when filed and
non-frivolous, the day of the denial.
> In other words, if my I-485 is denied and my petition for a B-2
> is denied also, how much time do I have to pack up my family and move back
> to Canada? I guess that when I file the I-539 to try to switch to a B-2
> after my I-485 is denied, it will take BCIS a while to process my I-539
> petition (sometimes as much as one year, I heard).
Yes - but since you filed when you were already out of status, you would
be considered unlawfully present during this whole time.
--
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.
>> > In the event that my I-485 is denied all of a sudden, I will switch to a
>> > B-2 right away.
>> Not possible. Either, you already have a new job with a new H-1B and don't
>> need a B-2, or you are out of status when the I-485 is denied, and can't
>> apply for a B-2 any more.
>
> When one's I-485 is denied, is that person *immediately* out of status?
Yes.
> How long would the period of out-of-status be (when does the clock start
> ticking)?
Depends on circumstances. If the I-485 was approvable when filed and
non-frivolous, the day of the denial.
> In other words, if my I-485 is denied and my petition for a B-2
> is denied also, how much time do I have to pack up my family and move back
> to Canada? I guess that when I file the I-539 to try to switch to a B-2
> after my I-485 is denied, it will take BCIS a while to process my I-539
> petition (sometimes as much as one year, I heard).
Yes - but since you filed when you were already out of status, you would
be considered unlawfully present during this whole time.
--
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.
Jul 15th 2003, 3:43 am
#10
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Tue, 15 Jul 2003 14:46:57 +0000, Teich wrote:
> Ingo:
>
> I just spoke to the company's immigration lawyer. Her interpretation seems
> to differ from yours regarding the I-485 pending status. She seems to think
> that since I won't be employed by the company soon, my pending I-485 does
> NOT allow me to remain in status. Her reason was that my I-140 petition was
> based on a job offer with the company that I no longer have.
If they company withdraws the I-140, that is correct. If the I-140 remains
pending, then you should be allowed to change jobs under AC21.
> On the other hand, she agrees with you that if I were to file an I-539
> petition to change to a B-2 status, it will likely be denied by the BCIS in
> a few month's time, which is the processing time for an I-539.
>
> I feel like I am royally screwed by the entire situation
>
> I am also thinking of getting a third/fourth opinion by retaining my own
> lawyer...
Excellent plan.
--
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:
>
> I just spoke to the company's immigration lawyer. Her interpretation seems
> to differ from yours regarding the I-485 pending status. She seems to think
> that since I won't be employed by the company soon, my pending I-485 does
> NOT allow me to remain in status. Her reason was that my I-140 petition was
> based on a job offer with the company that I no longer have.
If they company withdraws the I-140, that is correct. If the I-140 remains
pending, then you should be allowed to change jobs under AC21.
> On the other hand, she agrees with you that if I were to file an I-539
> petition to change to a B-2 status, it will likely be denied by the BCIS in
> a few month's time, which is the processing time for an I-539.
>
> I feel like I am royally screwed by the entire situation
>
> I am also thinking of getting a third/fourth opinion by retaining my own
> lawyer...
Excellent plan.
--
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.
Jul 15th 2003, 4:07 pm
#11
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo:
After my layoff (the last day is some time next week), my *primary* goal is
to make sure that I remain in legal status in the next 2-3 months so that I
can look for my next job. It seems to me that I now have the following two
options:
1. Ask the company to withdraw the I-140 and the I-485 petitions. Then,
before my last day of work, file an I-539 petition to switch to a B-2 so
that I can remain in status for the next 2 to 3 months. If I find a new
job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
I-140 is already withdrawn).
2. Hoping that the company won't withdraw the I-140 until a couple of
months from now, I will remain in I-485 pending status until I find my next
job.
If you were me, which path would you take?
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Tue, 15 Jul 2003 14:13:46 +0000, Teich wrote:
> >> > In the event that my I-485 is denied all of a sudden, I will switch
to a
> >> > B-2 right away.
> >>
> >> Not possible. Either, you already have a new job with a new H-1B and
don't
> >> need a B-2, or you are out of status when the I-485 is denied, and
can't
> >> apply for a B-2 any more.
> >
> > When one's I-485 is denied, is that person *immediately* out of status?
> Yes.
> > How long would the period of out-of-status be (when does the clock start
> > ticking)?
> Depends on circumstances. If the I-485 was approvable when filed and
> non-frivolous, the day of the denial.
> > In other words, if my I-485 is denied and my petition for a B-2
> > is denied also, how much time do I have to pack up my family and move
back
> > to Canada? I guess that when I file the I-539 to try to switch to a B-2
> > after my I-485 is denied, it will take BCIS a while to process my I-539
> > petition (sometimes as much as one year, I heard).
> Yes - but since you filed when you were already out of status, you would
> be considered unlawfully present during this whole time.
> --
> 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.
After my layoff (the last day is some time next week), my *primary* goal is
to make sure that I remain in legal status in the next 2-3 months so that I
can look for my next job. It seems to me that I now have the following two
options:
1. Ask the company to withdraw the I-140 and the I-485 petitions. Then,
before my last day of work, file an I-539 petition to switch to a B-2 so
that I can remain in status for the next 2 to 3 months. If I find a new
job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
I-140 is already withdrawn).
2. Hoping that the company won't withdraw the I-140 until a couple of
months from now, I will remain in I-485 pending status until I find my next
job.
If you were me, which path would you take?
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Tue, 15 Jul 2003 14:13:46 +0000, Teich wrote:
> >> > In the event that my I-485 is denied all of a sudden, I will switch
to a
> >> > B-2 right away.
> >>
> >> Not possible. Either, you already have a new job with a new H-1B and
don't
> >> need a B-2, or you are out of status when the I-485 is denied, and
can't
> >> apply for a B-2 any more.
> >
> > When one's I-485 is denied, is that person *immediately* out of status?
> Yes.
> > How long would the period of out-of-status be (when does the clock start
> > ticking)?
> Depends on circumstances. If the I-485 was approvable when filed and
> non-frivolous, the day of the denial.
> > In other words, if my I-485 is denied and my petition for a B-2
> > is denied also, how much time do I have to pack up my family and move
back
> > to Canada? I guess that when I file the I-539 to try to switch to a B-2
> > after my I-485 is denied, it will take BCIS a while to process my I-539
> > petition (sometimes as much as one year, I heard).
> Yes - but since you filed when you were already out of status, you would
> be considered unlawfully present during this whole time.
> --
> 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.
Jul 15th 2003, 6:19 pm
#12
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Option 2. Actually, even if the company withdraws the I-140, you would
remain in status until BCIS gets around to denying the I-485.
On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
> Ingo:
>
> After my layoff (the last day is some time next week), my *primary* goal is
> to make sure that I remain in legal status in the next 2-3 months so that I
> can look for my next job. It seems to me that I now have the following two
> options:
>
> 1. Ask the company to withdraw the I-140 and the I-485 petitions. Then,
> before my last day of work, file an I-539 petition to switch to a B-2 so
> that I can remain in status for the next 2 to 3 months. If I find a new
> job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
> I-140 is already withdrawn).
>
> 2. Hoping that the company won't withdraw the I-140 until a couple of
> months from now, I will remain in I-485 pending status until I find my next
> job.
>
> If you were me, which path would you take?
>
> Teich
>
> "Ingo Pakleppa" wrote in message
> news[email protected]...
>> On Tue, 15 Jul 2003 14:13:46 +0000, Teich wrote:
>> >> > In the event that my I-485 is denied all of a sudden, I will switch
> to a
>> >> > B-2 right away.
>> >>
>> >> Not possible. Either, you already have a new job with a new H-1B and
> don't
>> >> need a B-2, or you are out of status when the I-485 is denied, and
> can't
>> >> apply for a B-2 any more.
>> >
>> > When one's I-485 is denied, is that person *immediately* out of status?
>> Yes.
>> > How long would the period of out-of-status be (when does the clock start
>> > ticking)?
>> Depends on circumstances. If the I-485 was approvable when filed and
>> non-frivolous, the day of the denial.
>> > In other words, if my I-485 is denied and my petition for a B-2
>> > is denied also, how much time do I have to pack up my family and move
> back
>> > to Canada? I guess that when I file the I-539 to try to switch to a B-2
>> > after my I-485 is denied, it will take BCIS a while to process my I-539
>> > petition (sometimes as much as one year, I heard).
>> Yes - but since you filed when you were already out of status, you would
>> be considered unlawfully present during this whole time.
>> --
>> 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.
remain in status until BCIS gets around to denying the I-485.
On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
> Ingo:
>
> After my layoff (the last day is some time next week), my *primary* goal is
> to make sure that I remain in legal status in the next 2-3 months so that I
> can look for my next job. It seems to me that I now have the following two
> options:
>
> 1. Ask the company to withdraw the I-140 and the I-485 petitions. Then,
> before my last day of work, file an I-539 petition to switch to a B-2 so
> that I can remain in status for the next 2 to 3 months. If I find a new
> job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
> I-140 is already withdrawn).
>
> 2. Hoping that the company won't withdraw the I-140 until a couple of
> months from now, I will remain in I-485 pending status until I find my next
> job.
>
> If you were me, which path would you take?
>
> Teich
>
> "Ingo Pakleppa" wrote in message
> news
[email protected]...>> On Tue, 15 Jul 2003 14:13:46 +0000, Teich wrote:
>> >> > In the event that my I-485 is denied all of a sudden, I will switch
> to a
>> >> > B-2 right away.
>> >>
>> >> Not possible. Either, you already have a new job with a new H-1B and
> don't
>> >> need a B-2, or you are out of status when the I-485 is denied, and
> can't
>> >> apply for a B-2 any more.
>> >
>> > When one's I-485 is denied, is that person *immediately* out of status?
>> Yes.
>> > How long would the period of out-of-status be (when does the clock start
>> > ticking)?
>> Depends on circumstances. If the I-485 was approvable when filed and
>> non-frivolous, the day of the denial.
>> > In other words, if my I-485 is denied and my petition for a B-2
>> > is denied also, how much time do I have to pack up my family and move
> back
>> > to Canada? I guess that when I file the I-539 to try to switch to a B-2
>> > after my I-485 is denied, it will take BCIS a while to process my I-539
>> > petition (sometimes as much as one year, I heard).
>> Yes - but since you filed when you were already out of status, you would
>> be considered unlawfully present during this whole time.
>> --
>> 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.
Jul 16th 2003, 1:37 am
#13
Guest
Posts: n/a
Re: traveling while H-1B -> B2
"Ingo Pakleppa" wrote in message
news[email protected]...
> Option 2. Actually, even if the company withdraws the I-140, you would
> remain in status until BCIS gets around to denying the I-485.
Ingo:
Do you know how long approx. it will take BCIS to deny the I-485, when the
I-140 is withdrawn?
Also, may I ask why you seem to dislike going the B-2 route?
Because if the company withdraws the I-140/I-485, I might even manage to get
a TN visa for my next job!
Teich
> On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
> > Ingo:
> >
> > After my layoff (the last day is some time next week), my *primary* goal
is
> > to make sure that I remain in legal status in the next 2-3 months so
that I
> > can look for my next job. It seems to me that I now have the following
two
> > options:
> >
> > 1. Ask the company to withdraw the I-140 and the I-485 petitions.
Then,
> > before my last day of work, file an I-539 petition to switch to a B-2 so
> > that I can remain in status for the next 2 to 3 months. If I find a new
> > job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
> > I-140 is already withdrawn).
> >
> > 2. Hoping that the company won't withdraw the I-140 until a couple of
> > months from now, I will remain in I-485 pending status until I find my
next
> > job.
> >
> > If you were me, which path would you take?
> >
> > Teich
> >
news
[email protected]...> Option 2. Actually, even if the company withdraws the I-140, you would
> remain in status until BCIS gets around to denying the I-485.
Ingo:
Do you know how long approx. it will take BCIS to deny the I-485, when the
I-140 is withdrawn?
Also, may I ask why you seem to dislike going the B-2 route?
Because if the company withdraws the I-140/I-485, I might even manage to get
a TN visa for my next job!
Teich
> On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
> > Ingo:
> >
> > After my layoff (the last day is some time next week), my *primary* goal
is
> > to make sure that I remain in legal status in the next 2-3 months so
that I
> > can look for my next job. It seems to me that I now have the following
two
> > options:
> >
> > 1. Ask the company to withdraw the I-140 and the I-485 petitions.
Then,
> > before my last day of work, file an I-539 petition to switch to a B-2 so
> > that I can remain in status for the next 2 to 3 months. If I find a new
> > job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
> > I-140 is already withdrawn).
> >
> > 2. Hoping that the company won't withdraw the I-140 until a couple of
> > months from now, I will remain in I-485 pending status until I find my
next
> > job.
> >
> > If you were me, which path would you take?
> >
> > Teich
> >
Jul 16th 2003, 7:16 am
#14
Guest
Posts: n/a
Re: traveling while H-1B -> B2
"Ingo Pakleppa" wrote in message
news[email protected]...
> Option 2. Actually, even if the company withdraws the I-140, you would
> remain in status until BCIS gets around to denying the I-485.
Ingo: Would you still choose Option 2 if the new job is in a different
field and in a different location (state)?
Thanks very much.
Teich
> On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
> > Ingo:
> >
> > After my layoff (the last day is some time next week), my *primary* goal
is
> > to make sure that I remain in legal status in the next 2-3 months so
that I
> > can look for my next job. It seems to me that I now have the following
two
> > options:
> >
> > 1. Ask the company to withdraw the I-140 and the I-485 petitions.
Then,
> > before my last day of work, file an I-539 petition to switch to a B-2 so
> > that I can remain in status for the next 2 to 3 months. If I find a new
> > job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
> > I-140 is already withdrawn).
> >
> > 2. Hoping that the company won't withdraw the I-140 until a couple of
> > months from now, I will remain in I-485 pending status until I find my
next
> > job.
> >
> > If you were me, which path would you take?
> >
> > Teich
> >
> > "Ingo Pakleppa" wrote in message
> > news[email protected]...
> >> On Tue, 15 Jul 2003 14:13:46 +0000, Teich wrote:
> >>
> >> >> > In the event that my I-485 is denied all of a sudden, I will
switch
> > to a
> >> >> > B-2 right away.
> >> >>
> >> >> Not possible. Either, you already have a new job with a new H-1B and
> > don't
> >> >> need a B-2, or you are out of status when the I-485 is denied, and
> > can't
> >> >> apply for a B-2 any more.
> >> >
> >> > When one's I-485 is denied, is that person *immediately* out of
status?
> >>
> >> Yes.
> >>
> >> > How long would the period of out-of-status be (when does the clock
start
> >> > ticking)?
> >>
> >> Depends on circumstances. If the I-485 was approvable when filed and
> >> non-frivolous, the day of the denial.
> >>
> >> > In other words, if my I-485 is denied and my petition for a B-2
> >> > is denied also, how much time do I have to pack up my family and move
> > back
> >> > to Canada? I guess that when I file the I-539 to try to switch to a
B-2
> >> > after my I-485 is denied, it will take BCIS a while to process my
I-539
> >> > petition (sometimes as much as one year, I heard).
> >>
> >> Yes - but since you filed when you were already out of status, you
would
> >> be considered unlawfully present during this whole time.
> >>
> >> --
> >> 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.
news
[email protected]...> Option 2. Actually, even if the company withdraws the I-140, you would
> remain in status until BCIS gets around to denying the I-485.
Ingo: Would you still choose Option 2 if the new job is in a different
field and in a different location (state)?
Thanks very much.
Teich
> On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
> > Ingo:
> >
> > After my layoff (the last day is some time next week), my *primary* goal
is
> > to make sure that I remain in legal status in the next 2-3 months so
that I
> > can look for my next job. It seems to me that I now have the following
two
> > options:
> >
> > 1. Ask the company to withdraw the I-140 and the I-485 petitions.
Then,
> > before my last day of work, file an I-539 petition to switch to a B-2 so
> > that I can remain in status for the next 2 to 3 months. If I find a new
> > job, I will either get a new H-1B, an H-1B transfer, or a TN (since the
> > I-140 is already withdrawn).
> >
> > 2. Hoping that the company won't withdraw the I-140 until a couple of
> > months from now, I will remain in I-485 pending status until I find my
next
> > job.
> >
> > If you were me, which path would you take?
> >
> > Teich
> >
> > "Ingo Pakleppa" wrote in message
> > news
[email protected]...> >> On Tue, 15 Jul 2003 14:13:46 +0000, Teich wrote:
> >>
> >> >> > In the event that my I-485 is denied all of a sudden, I will
switch
> > to a
> >> >> > B-2 right away.
> >> >>
> >> >> Not possible. Either, you already have a new job with a new H-1B and
> > don't
> >> >> need a B-2, or you are out of status when the I-485 is denied, and
> > can't
> >> >> apply for a B-2 any more.
> >> >
> >> > When one's I-485 is denied, is that person *immediately* out of
status?
> >>
> >> Yes.
> >>
> >> > How long would the period of out-of-status be (when does the clock
start
> >> > ticking)?
> >>
> >> Depends on circumstances. If the I-485 was approvable when filed and
> >> non-frivolous, the day of the denial.
> >>
> >> > In other words, if my I-485 is denied and my petition for a B-2
> >> > is denied also, how much time do I have to pack up my family and move
> > back
> >> > to Canada? I guess that when I file the I-539 to try to switch to a
B-2
> >> > after my I-485 is denied, it will take BCIS a while to process my
I-539
> >> > petition (sometimes as much as one year, I heard).
> >>
> >> Yes - but since you filed when you were already out of status, you
would
> >> be considered unlawfully present during this whole time.
> >>
> >> --
> >> 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.
Jul 16th 2003, 7:16 am
#15
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Wed, 16 Jul 2003 13:37:26 +0000, Teich wrote:
> "Ingo Pakleppa" wrote in message
> news[email protected]...
>> Option 2. Actually, even if the company withdraws the I-140, you would
>> remain in status until BCIS gets around to denying the I-485.
>
> Ingo:
>
> Do you know how long approx. it will take BCIS to deny the I-485, when
> the I-140 is withdrawn?
I really don't know. They could pull it right then, but more likely after
the regular processing time.
> Also, may I ask why you seem to dislike going the B-2 route?
With the I-485 route, you still have a shot at BCIS ignoring their policy
and approving the I-485. They are supposed to do that anyway according to
AC-21.
Also, the B-2 and TN route may well be closed for you because of
demonstrated immigration intent.
> Because if the company withdraws the I-140/I-485, I might even manage to
> get a TN visa for my next job!
>
> Teich
>
>> On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
>> > Ingo:
>> >
>> > After my layoff (the last day is some time next week), my *primary*
>> > goal
> is
>> > to make sure that I remain in legal status in the next 2-3 months so
> that I
>> > can look for my next job. It seems to me that I now have the
>> > following
> two
>> > options:
>> >
>> > 1. Ask the company to withdraw the I-140 and the I-485 petitions.
> Then,
>> > before my last day of work, file an I-539 petition to switch to a B-2
>> > so that I can remain in status for the next 2 to 3 months. If I find
>> > a new job, I will either get a new H-1B, an H-1B transfer, or a TN
>> > (since the I-140 is already withdrawn).
>> >
>> > 2. Hoping that the company won't withdraw the I-140 until a couple
>> > of months from now, I will remain in I-485 pending status until I
>> > find my
> next
>> > job.
>> >
>> > If you were me, which path would you take?
>> >
>> > 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" wrote in message
> news
[email protected]...>> Option 2. Actually, even if the company withdraws the I-140, you would
>> remain in status until BCIS gets around to denying the I-485.
>
> Ingo:
>
> Do you know how long approx. it will take BCIS to deny the I-485, when
> the I-140 is withdrawn?
I really don't know. They could pull it right then, but more likely after
the regular processing time.
> Also, may I ask why you seem to dislike going the B-2 route?
With the I-485 route, you still have a shot at BCIS ignoring their policy
and approving the I-485. They are supposed to do that anyway according to
AC-21.
Also, the B-2 and TN route may well be closed for you because of
demonstrated immigration intent.
> Because if the company withdraws the I-140/I-485, I might even manage to
> get a TN visa for my next job!
>
> Teich
>
>> On Wed, 16 Jul 2003 04:07:18 +0000, Teich wrote:
>> > Ingo:
>> >
>> > After my layoff (the last day is some time next week), my *primary*
>> > goal
> is
>> > to make sure that I remain in legal status in the next 2-3 months so
> that I
>> > can look for my next job. It seems to me that I now have the
>> > following
> two
>> > options:
>> >
>> > 1. Ask the company to withdraw the I-140 and the I-485 petitions.
> Then,
>> > before my last day of work, file an I-539 petition to switch to a B-2
>> > so that I can remain in status for the next 2 to 3 months. If I find
>> > a new job, I will either get a new H-1B, an H-1B transfer, or a TN
>> > (since the I-140 is already withdrawn).
>> >
>> > 2. Hoping that the company won't withdraw the I-140 until a couple
>> > of months from now, I will remain in I-485 pending status until I
>> > find my
> next
>> > job.
>> >
>> > If you were me, which path would you take?
>> >
>> > 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.
