traveling while H-1B -> B2
Jul 16th 2003, 9:23 am
#16
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.
> >
> > 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 the I-140 is withdrawn?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.
But the regular I-485 processing time can be as long as two years?!
> > 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.
I am not sure why you stated that I would have a shot at BCIS approving the
I-485 (!?), given that my I-140, which has not be approved yet, will likely
be withdrawn by the old company in a couple of months. In addition, my
I-485 has not been pending for 180 days (I know -- you have a different
interpretation regarding the 180 days).
Another question, if my new job is not in the same field, while I remain in
status because of the pending I-485, can I transfer to another H-1B or get a
new H-1B? It seems to be possible, but I am asking you just to make sure.
> Also, the B-2 and TN route may well be closed for you because of
> demonstrated immigration intent.
Would the B-2 and TN still route be closed for me even if the company
withdraws the I-140 before hand? In other words, when I am at the POE
trying to get a TN visa, can I say to the inspector that I no longer have
immigration intent (pointing to the withdrawn I-140 petition) and the only
job I can find at this moment is a one-year temporary job in the US?
Seriously, given the poor job economy, it will be quite a while before I
contemplate filling for a green card again. Hence the TN route is
attractive to me since it does not have the six-year limit of H-1Bs.
Immigration issues are so damn complicated! I managed to graduate from a
fairly competitive engineering school, yet I find these BCIS-related issues
ten times tougher!
> >> 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 the I-140 is withdrawn?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.
But the regular I-485 processing time can be as long as two years?!
> > 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.
I am not sure why you stated that I would have a shot at BCIS approving the
I-485 (!?), given that my I-140, which has not be approved yet, will likely
be withdrawn by the old company in a couple of months. In addition, my
I-485 has not been pending for 180 days (I know -- you have a different
interpretation regarding the 180 days).
Another question, if my new job is not in the same field, while I remain in
status because of the pending I-485, can I transfer to another H-1B or get a
new H-1B? It seems to be possible, but I am asking you just to make sure.
> Also, the B-2 and TN route may well be closed for you because of
> demonstrated immigration intent.
Would the B-2 and TN still route be closed for me even if the company
withdraws the I-140 before hand? In other words, when I am at the POE
trying to get a TN visa, can I say to the inspector that I no longer have
immigration intent (pointing to the withdrawn I-140 petition) and the only
job I can find at this moment is a one-year temporary job in the US?
Seriously, given the poor job economy, it will be quite a while before I
contemplate filling for a green card again. Hence the TN route is
attractive to me since it does not have the six-year limit of H-1Bs.
Immigration issues are so damn complicated! I managed to graduate from a
fairly competitive engineering school, yet I find these BCIS-related issues
ten times tougher!
Jul 16th 2003, 10:48 am
#17
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
>> >> 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.
>
> But the regular I-485 processing time can be as long as two years?!
Yes. That means that you would remain in status for two years!
>> > 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.
>
> I am not sure why you stated that I would have a shot at BCIS approving the
> I-485 (!?), given that my I-140, which has not be approved yet, will likely
> be withdrawn by the old company in a couple of months. In addition, my
> I-485 has not been pending for 180 days (I know -- you have a different
> interpretation regarding the 180 days).
It is admittedly a long shot, but BCIS is anything but consistent. In this
case, it could work in your favor.
> Another question, if my new job is not in the same field, while I remain in
> status because of the pending I-485, can I transfer to another H-1B or get a
> new H-1B? It seems to be possible, but I am asking you just to make sure.
I think so, but in that case you would be required to withdraw the I-485
(or not accept the approval).
>> Also, the B-2 and TN route may well be closed for you because of
>> demonstrated immigration intent.
>
> Would the B-2 and TN still route be closed for me even if the company
> withdraws the I-140 before hand? In other words, when I am at the POE
> trying to get a TN visa, can I say to the inspector that I no longer have
> immigration intent (pointing to the withdrawn I-140 petition) and the only
> job I can find at this moment is a one-year temporary job in the US?
That decision is up to the individual inspector, but it seems to me that
given that you haven't spent substantial time outside the US recently, he
would not accept that you have a foreign residence. I think earlier you
mentioned that you planned to interview in Canada. Evidence of such an
interview might help establish that you really plan to return to the US
just to pack up and move back to Canada.
> Seriously, given the poor job economy, it will be quite a while before I
> contemplate filling for a green card again. Hence the TN route is
> attractive to me since it does not have the six-year limit of H-1Bs.
But on the flip side, a TN is not a dual-intent status.
> Immigration issues are so damn complicated! I managed to graduate from a
> fairly competitive engineering school, yet I find these BCIS-related issues
> ten times tougher!
I know. Believe me, I can relate.
--
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.
>> >> 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.
>
> But the regular I-485 processing time can be as long as two years?!
Yes. That means that you would remain in status for two years!
>> > 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.
>
> I am not sure why you stated that I would have a shot at BCIS approving the
> I-485 (!?), given that my I-140, which has not be approved yet, will likely
> be withdrawn by the old company in a couple of months. In addition, my
> I-485 has not been pending for 180 days (I know -- you have a different
> interpretation regarding the 180 days).
It is admittedly a long shot, but BCIS is anything but consistent. In this
case, it could work in your favor.
> Another question, if my new job is not in the same field, while I remain in
> status because of the pending I-485, can I transfer to another H-1B or get a
> new H-1B? It seems to be possible, but I am asking you just to make sure.
I think so, but in that case you would be required to withdraw the I-485
(or not accept the approval).
>> Also, the B-2 and TN route may well be closed for you because of
>> demonstrated immigration intent.
>
> Would the B-2 and TN still route be closed for me even if the company
> withdraws the I-140 before hand? In other words, when I am at the POE
> trying to get a TN visa, can I say to the inspector that I no longer have
> immigration intent (pointing to the withdrawn I-140 petition) and the only
> job I can find at this moment is a one-year temporary job in the US?
That decision is up to the individual inspector, but it seems to me that
given that you haven't spent substantial time outside the US recently, he
would not accept that you have a foreign residence. I think earlier you
mentioned that you planned to interview in Canada. Evidence of such an
interview might help establish that you really plan to return to the US
just to pack up and move back to Canada.
> Seriously, given the poor job economy, it will be quite a while before I
> contemplate filling for a green card again. Hence the TN route is
> attractive to me since it does not have the six-year limit of H-1Bs.
But on the flip side, a TN is not a dual-intent status.
> Immigration issues are so damn complicated! I managed to graduate from a
> fairly competitive engineering school, yet I find these BCIS-related issues
> ten times tougher!
I know. Believe me, I can relate.
--
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, 10:50 am
#18
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Wed, 16 Jul 2003 19:16:33 +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: Would you still choose Option 2 if the new job is in a different
> field and in a different location (state)?
Yes. The one difference is that in this case, you should not accept the
I-485 approval. Working in a different field would not meet the AC-21
criteria, so you could in this case be accused of immigration fraud.
--
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: Would you still choose Option 2 if the new job is in a different
> field and in a different location (state)?
Yes. The one difference is that in this case, you should not accept the
I-485 approval. Working in a different field would not meet the AC-21
criteria, so you could in this case be accused of immigration fraud.
--
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, 11:16 am
#19
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, you are the best!! I thank you very much for donating your valuable
time to help others in this newsgroup.
Btw, I am having a face-to-face meeting with the company's immigration
lawyer tomorrow to figure out how I am going to remain in legal status after
my termination date. To get a second opinion, I am thinking of retaining my
own lawyer too. I am simply afraid of doing something wrong at this stage
so that I won't be able to work later even if I manage to find a new job.
Please stay tuned as to which path I would go...
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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.
time to help others in this newsgroup.
Btw, I am having a face-to-face meeting with the company's immigration
lawyer tomorrow to figure out how I am going to remain in legal status after
my termination date. To get a second opinion, I am thinking of retaining my
own lawyer too. I am simply afraid of doing something wrong at this stage
so that I won't be able to work later even if I manage to find a new job.
Please stay tuned as to which path I would go...
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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, 12:51 pm
#20
Guest
Posts: n/a
Re: traveling while H-1B -> B2
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >> > 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
Have you seen this:
http://www.imwong.com/pdf/0703-AC21Portability.pdf
listed here with a brief summary on 7/9/03:
http://www.imwong.com/News.htm
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >> > 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
Have you seen this:
http://www.imwong.com/pdf/0703-AC21Portability.pdf
listed here with a brief summary on 7/9/03:
http://www.imwong.com/News.htm
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
Jul 16th 2003, 1:04 pm
#21
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.
> >
> > 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.
But the regular I-485 processing time can be as long as two years?!
> > 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.
I am not sure why you stated that I would have a shot at BCIS approving the
I-485 (!?), given that my I-140, which has not be approved yet, will likely
be withdrawn by the old company in a couple of months. In addition, my
I-485 has not been pending for 180 days (I know -- you have a different
interpretation regarding the 180 days).
> Also, the B-2 and TN route may well be closed for you because of
> demonstrated immigration intent.
Would the B-2 and TN still route be closed for me even if the company
withdraws the I-140 before hand? In other words, when I am at the POE
trying to get a TN visa, can I say to the inspector that I no longer have
immigration intent (pointing to the withdrawn I-140 petition) and the only
job I can find at this moment is a one-year temporary job in the US?
Seriously, given the poor job economy, it will be quite a while before I
will contemplate filling for a green card again. Hence the TN route is
attractive to me since it does not have the six-year limit of H-1Bs.
> >> 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.
But the regular I-485 processing time can be as long as two years?!
> > 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.
I am not sure why you stated that I would have a shot at BCIS approving the
I-485 (!?), given that my I-140, which has not be approved yet, will likely
be withdrawn by the old company in a couple of months. In addition, my
I-485 has not been pending for 180 days (I know -- you have a different
interpretation regarding the 180 days).
> Also, the B-2 and TN route may well be closed for you because of
> demonstrated immigration intent.
Would the B-2 and TN still route be closed for me even if the company
withdraws the I-140 before hand? In other words, when I am at the POE
trying to get a TN visa, can I say to the inspector that I no longer have
immigration intent (pointing to the withdrawn I-140 petition) and the only
job I can find at this moment is a one-year temporary job in the US?
Seriously, given the poor job economy, it will be quite a while before I
will contemplate filling for a green card again. Hence the TN route is
attractive to me since it does not have the six-year limit of H-1Bs.
Jul 16th 2003, 1:08 pm
#22
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.
> >
> > 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.
But the regular processing time can be as long as two years?!
> > 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.
> >> 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.
But the regular processing time can be as long as two years?!
> > 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.
Jul 16th 2003, 1:08 pm
#23
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.
> >
> > 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.
But the regular processing time can be as long as two years?!
> > 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.
> >> 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.
But the regular processing time can be as long as two years?!
> > 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.
Jul 16th 2003, 1:08 pm
#24
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, the law firm of Zhang & Associates seem to agree with you regarding
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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.
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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, 1:14 pm
#25
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, the law firm of Zhang & Associates seem to agree with you regarding
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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.
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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, 1:14 pm
#26
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, the law firm of Zhang & Associates seem to agree with you regarding
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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.
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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, 1:18 pm
#27
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, the law firm of Zhang & Associates seem to agree with you regarding
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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.
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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, 1:18 pm
#28
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, the law firm of Zhang & Associates seem to agree with you regarding
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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.
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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, 1:18 pm
#29
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo, the law firm of Zhang & Associates seem to agree with you regarding
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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.
the pending I-485.
From http://www.hooyou.com/i140&i485/zbg_memo.htm :
3. Reducing the Unlawful Presence Risk
As a general rule, an alien who has been out of status (unlawfully present
in the U.S.) for 180 days is not eligible for adjustment of status under an
employment-based immigration petition. Further, being out of states for 180
days or more results in a three-year bar to reentering the United States. If
an alien loses non-immigrant status while the I-140 is pending, the alien
may not be eligible for I-485 adjustment. As just one example, H-1B status
is dependent on continuing to work for the sponsoring employer. As we have
seen during the recent economic downturn, if an H-1B employee is laid off,
their status immediately terminates as of the day of the layoff (not even as
of the last pay date of the severance package). Filing an I-485 application
will immediately offer the alien legal status during the entire time the
application is pending with the INS. Therefore, filing the I-485
concurrently with the I-140 will immediately offer the alien a way to avoid
the unlawful presence risk.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >> >> 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.
> >
> > But the regular I-485 processing time can be as long as two years?!
> Yes. That means that you would remain in status for two years!
> >> > 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.
> >
> > I am not sure why you stated that I would have a shot at BCIS approving
the
> > I-485 (!?), given that my I-140, which has not be approved yet, will
likely
> > be withdrawn by the old company in a couple of months. In addition, my
> > I-485 has not been pending for 180 days (I know -- you have a different
> > interpretation regarding the 180 days).
> It is admittedly a long shot, but BCIS is anything but consistent. In this
> case, it could work in your favor.
> > Another question, if my new job is not in the same field, while I remain
in
> > status because of the pending I-485, can I transfer to another H-1B or
get a
> > new H-1B? It seems to be possible, but I am asking you just to make
sure.
> I think so, but in that case you would be required to withdraw the I-485
> (or not accept the approval).
> >> Also, the B-2 and TN route may well be closed for you because of
> >> demonstrated immigration intent.
> >
> > Would the B-2 and TN still route be closed for me even if the company
> > withdraws the I-140 before hand? In other words, when I am at the POE
> > trying to get a TN visa, can I say to the inspector that I no longer
have
> > immigration intent (pointing to the withdrawn I-140 petition) and the
only
> > job I can find at this moment is a one-year temporary job in the US?
> That decision is up to the individual inspector, but it seems to me that
> given that you haven't spent substantial time outside the US recently, he
> would not accept that you have a foreign residence. I think earlier you
> mentioned that you planned to interview in Canada. Evidence of such an
> interview might help establish that you really plan to return to the US
> just to pack up and move back to Canada.
> > Seriously, given the poor job economy, it will be quite a while before I
> > contemplate filling for a green card again. Hence the TN route is
> > attractive to me since it does not have the six-year limit of H-1Bs.
> But on the flip side, a TN is not a dual-intent status.
> > Immigration issues are so damn complicated! I managed to graduate from
a
> > fairly competitive engineering school, yet I find these BCIS-related
issues
> > ten times tougher!
> I know. Believe me, I can relate.
> --
> 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, 1:20 pm
#30
Guest
Posts: n/a
Re: traveling while H-1B -> B2
I apologize for the multiple postings as my Outlook Express is acting up 
Sylvia:
Thanks very much for passing along the info regarding AC21 portability
issues. However, the case mentioned in the letter probably won't apply to
me since my I-140 was filed on April 8, 2003, while my company will likely
to withdraw the I-140 in a couple of months.
I am just wondering which path you would take if you were me:
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.
Teich
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "Ingo Pakleppa" wrote in message
> news[email protected]...
> > On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >
> > >> >> 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.
> > >> > 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.
> > >
> > > But the regular I-485 processing time can be as long as two years?!
> >
> > Yes. That means that you would remain in status for two years!
> >
> > >> > 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.
> > >
> > > I am not sure why you stated that I would have a shot at BCIS
approving
> the
> > > I-485 (!?), given that my I-140, which has not be approved yet, will
> likely
> > > be withdrawn by the old company in a couple of months. In addition,
my
> > > I-485 has not been pending for 180 days (I know -- you have a
different
> > > interpretation regarding the 180 days).
> >
> > It is admittedly a long shot, but BCIS is anything but consistent. In
this
> > case, it could work in your favor.
> Have you seen this:
> http://www.imwong.com/pdf/0703-AC21Portability.pdf
> listed here with a brief summary on 7/9/03:
> http://www.imwong.com/News.htm
> > > Another question, if my new job is not in the same field, while I
remain
> in
> > > status because of the pending I-485, can I transfer to another H-1B or
> get a
> > > new H-1B? It seems to be possible, but I am asking you just to make
> sure.
> >
> > I think so, but in that case you would be required to withdraw the I-485
> > (or not accept the approval).
> >
> > >> Also, the B-2 and TN route may well be closed for you because of
> > >> demonstrated immigration intent.
> > >
> > > Would the B-2 and TN still route be closed for me even if the company
> > > withdraws the I-140 before hand? In other words, when I am at the POE
> > > trying to get a TN visa, can I say to the inspector that I no longer
> have
> > > immigration intent (pointing to the withdrawn I-140 petition) and the
> only
> > > job I can find at this moment is a one-year temporary job in the US?
> >
> > That decision is up to the individual inspector, but it seems to me that
> > given that you haven't spent substantial time outside the US recently,
he
> > would not accept that you have a foreign residence. I think earlier you
> > mentioned that you planned to interview in Canada. Evidence of such an
> > interview might help establish that you really plan to return to the US
> > just to pack up and move back to Canada.
> >
> > > Seriously, given the poor job economy, it will be quite a while before
I
> > > contemplate filling for a green card again. Hence the TN route is
> > > attractive to me since it does not have the six-year limit of H-1Bs.
> >
> > But on the flip side, a TN is not a dual-intent status.
Sylvia:
Thanks very much for passing along the info regarding AC21 portability
issues. However, the case mentioned in the letter probably won't apply to
me since my I-140 was filed on April 8, 2003, while my company will likely
to withdraw the I-140 in a couple of months.
I am just wondering which path you would take if you were me:
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.
Teich
"Sylvia Ottemoeller" wrote in message
news:[email protected]...
> "Ingo Pakleppa" wrote in message
> news
[email protected]...> > On Wed, 16 Jul 2003 21:23:20 +0000, Teich wrote:
> >
> > >> >> 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.
> > >> > 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.
> > >
> > > But the regular I-485 processing time can be as long as two years?!
> >
> > Yes. That means that you would remain in status for two years!
> >
> > >> > 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.
> > >
> > > I am not sure why you stated that I would have a shot at BCIS
approving
> the
> > > I-485 (!?), given that my I-140, which has not be approved yet, will
> likely
> > > be withdrawn by the old company in a couple of months. In addition,
my
> > > I-485 has not been pending for 180 days (I know -- you have a
different
> > > interpretation regarding the 180 days).
> >
> > It is admittedly a long shot, but BCIS is anything but consistent. In
this
> > case, it could work in your favor.
> Have you seen this:
> http://www.imwong.com/pdf/0703-AC21Portability.pdf
> listed here with a brief summary on 7/9/03:
> http://www.imwong.com/News.htm
> > > Another question, if my new job is not in the same field, while I
remain
> in
> > > status because of the pending I-485, can I transfer to another H-1B or
> get a
> > > new H-1B? It seems to be possible, but I am asking you just to make
> sure.
> >
> > I think so, but in that case you would be required to withdraw the I-485
> > (or not accept the approval).
> >
> > >> Also, the B-2 and TN route may well be closed for you because of
> > >> demonstrated immigration intent.
> > >
> > > Would the B-2 and TN still route be closed for me even if the company
> > > withdraws the I-140 before hand? In other words, when I am at the POE
> > > trying to get a TN visa, can I say to the inspector that I no longer
> have
> > > immigration intent (pointing to the withdrawn I-140 petition) and the
> only
> > > job I can find at this moment is a one-year temporary job in the US?
> >
> > That decision is up to the individual inspector, but it seems to me that
> > given that you haven't spent substantial time outside the US recently,
he
> > would not accept that you have a foreign residence. I think earlier you
> > mentioned that you planned to interview in Canada. Evidence of such an
> > interview might help establish that you really plan to return to the US
> > just to pack up and move back to Canada.
> >
> > > Seriously, given the poor job economy, it will be quite a while before
I
> > > contemplate filling for a green card again. Hence the TN route is
> > > attractive to me since it does not have the six-year limit of H-1Bs.
> >
> > But on the flip side, a TN is not a dual-intent status.
