traveling while H-1B -> B2
Jul 16th 2003, 1:21 pm
#31
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 the I-140 is withdrawn?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 be withdrawn by the old company in a couple of months.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, 1:22 pm
#32
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, 1:22 pm
#33
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, 1:23 pm
#34
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" <[email protected]> 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" <[email protected]> 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, 1:29 pm
#35
Guest
Posts: n/a
Re: traveling while H-1B -> B2
I think this actually addresses a completely different issue, and would
only matter if you did NOT use concurrent filing.
On Thu, 17 Jul 2003 01:08:33 +0000, Teich wrote:
> 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
--
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.
only matter if you did NOT use concurrent filing.
On Thu, 17 Jul 2003 01:08:33 +0000, Teich wrote:
> 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
--
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, 1:32 pm
#36
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Thu, 17 Jul 2003 01:20:39 +0000, Teich wrote:
> 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.
If you can get them to delay withdrawing it until October 8, that would be
great. You are already half-way through the 180 days. Since you say "a
couple of months" it seems that they would be willing to cooperate on
this. For that matter, they are not required to withdraw the I-140 at all,
since it is for a potential future job (in contrast, they are required to
cancel your H-1B petition).
--
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.
> 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.
If you can get them to delay withdrawing it until October 8, that would be
great. You are already half-way through the 180 days. Since you say "a
couple of months" it seems that they would be willing to cooperate on
this. For that matter, they are not required to withdraw the I-140 at all,
since it is for a potential future job (in contrast, they are required to
cancel your H-1B petition).
--
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, 1:50 pm
#37
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Ingo and Sylvia:
What I noticed in the AC21 letter was that when the INS revoked an approved
I-140 on May 24, 2001, there was no mention of denying the I-485. In fact,
the client went on to work for Company B on July 15, 2001 (with a
three-month gap between the 2 jobs). I presume that the client remained in
legal status during those three months because of his/her pending I-485
petition.
Maybe Ingo was right that it takes the INS a while to deny the I-485 once
the I-140 is revoked/withdrawn.
Teich
"Ingo Pakleppa" wrote in message
news[email protected]...
> On Thu, 17 Jul 2003 01:20:39 +0000, Teich wrote:
> > 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.
> If you can get them to delay withdrawing it until October 8, that would be
> great. You are already half-way through the 180 days. Since you say "a
> couple of months" it seems that they would be willing to cooperate on
> this. For that matter, they are not required to withdraw the I-140 at all,
> since it is for a potential future job (in contrast, they are required to
> cancel your H-1B petition).
> --
> 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.
What I noticed in the AC21 letter was that when the INS revoked an approved
I-140 on May 24, 2001, there was no mention of denying the I-485. In fact,
the client went on to work for Company B on July 15, 2001 (with a
three-month gap between the 2 jobs). I presume that the client remained in
legal status during those three months because of his/her pending I-485
petition.
Maybe Ingo was right that it takes the INS a while to deny the I-485 once
the I-140 is revoked/withdrawn.
Teich
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Thu, 17 Jul 2003 01:20:39 +0000, Teich wrote:
> > 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.
> If you can get them to delay withdrawing it until October 8, that would be
> great. You are already half-way through the 180 days. Since you say "a
> couple of months" it seems that they would be willing to cooperate on
> this. For that matter, they are not required to withdraw the I-140 at all,
> since it is for a potential future job (in contrast, they are required to
> cancel your H-1B petition).
> --
> 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, 2:27 pm
#38
Guest
Posts: n/a
Re: traveling while H-1B -> B2
> If you can get them to delay withdrawing it until October 8, that would be
> great. You are already half-way through the 180 days. Since you say "a
> couple of months" it seems that they would be willing to cooperate on
> this. For that matter, they are not required to withdraw the I-140 at all,
> since it is for a potential future job (in contrast, they are required to
> cancel your H-1B petition).
I am not sure if they will do as I ask. They said they would withdraw the
I-129 in a couple of months. I am guessing that they will withdraw the
I-140 at the same time. I know that I am so close, but no cigar. Maybe it
will take the BCIS another month, after the I-140 withdrawal, to revoke the
I-140. Then the 180-day requirement will be satisfied.
More importantly, I have a job interview coming up in August. I just want
to make sure that I am in legal status long enough (for two to three months)
to get an H-1B for my next job. I really don't mind if I have to go through
the EB-1(b) later again, because I am not sure how BCIS decide whether two
jobs are in the same field or not (as far as portability is concerned).
Teich
> great. You are already half-way through the 180 days. Since you say "a
> couple of months" it seems that they would be willing to cooperate on
> this. For that matter, they are not required to withdraw the I-140 at all,
> since it is for a potential future job (in contrast, they are required to
> cancel your H-1B petition).
I am not sure if they will do as I ask. They said they would withdraw the
I-129 in a couple of months. I am guessing that they will withdraw the
I-140 at the same time. I know that I am so close, but no cigar. Maybe it
will take the BCIS another month, after the I-140 withdrawal, to revoke the
I-140. Then the 180-day requirement will be satisfied.
More importantly, I have a job interview coming up in August. I just want
to make sure that I am in legal status long enough (for two to three months)
to get an H-1B for my next job. I really don't mind if I have to go through
the EB-1(b) later again, because I am not sure how BCIS decide whether two
jobs are in the same field or not (as far as portability is concerned).
Teich
Jul 16th 2003, 8:36 pm
#39
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, 8:36 pm
#40
Guest
Posts: n/a
Re: traveling while H-1B -> B2
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.
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.
Jul 16th 2003, 8:36 pm
#41
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.
Jul 16th 2003, 8:54 pm
#42
Guest
Posts: n/a
Re: traveling while H-1B -> B2
Of course, that also was a few years ago, before 9/11, and just as
importantly when AC21 was very new. It is very risky drawing conclusions
based on such old data.
On Thu, 17 Jul 2003 01:50:53 +0000, Teich wrote:
> Ingo and Sylvia:
>
> What I noticed in the AC21 letter was that when the INS revoked an
> approved I-140 on May 24, 2001, there was no mention of denying the
> I-485. In fact, the client went on to work for Company B on July 15,
> 2001 (with a three-month gap between the 2 jobs). I presume that the
> client remained in legal status during those three months because of
> his/her pending I-485 petition.
>
> Maybe Ingo was right that it takes the INS a while to deny the I-485
> once the I-140 is revoked/withdrawn.
>
> 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.
importantly when AC21 was very new. It is very risky drawing conclusions
based on such old data.
On Thu, 17 Jul 2003 01:50:53 +0000, Teich wrote:
> Ingo and Sylvia:
>
> What I noticed in the AC21 letter was that when the INS revoked an
> approved I-140 on May 24, 2001, there was no mention of denying the
> I-485. In fact, the client went on to work for Company B on July 15,
> 2001 (with a three-month gap between the 2 jobs). I presume that the
> client remained in legal status during those three months because of
> his/her pending I-485 petition.
>
> Maybe Ingo was right that it takes the INS a while to deny the I-485
> once the I-140 is revoked/withdrawn.
>
> 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, 8:58 pm
#43
Guest
Posts: n/a
Re: traveling while H-1B -> B2
On Thu, 17 Jul 2003 02:27:57 +0000, Teich wrote:
>> If you can get them to delay withdrawing it until October 8, that would
>> be great. You are already half-way through the 180 days. Since you say
>> "a couple of months" it seems that they would be willing to cooperate
>> on this. For that matter, they are not required to withdraw the I-140
>> at all, since it is for a potential future job (in contrast, they are
>> required to cancel your H-1B petition).
>
> I am not sure if they will do as I ask. They said they would withdraw
> the I-129 in a couple of months. I am guessing that they will withdraw
> the I-140 at the same time.
I don't see any basis for that guess. The law requires them to revoke the
I-129 (and not in a couple months, but fairly soon), but it does not
require them to do anything about the I-140.
> I know that I am so close, but no cigar. Maybe it will take the BCIS
> another month, after the I-140 withdrawal, to revoke the I-140. Then
> the 180-day requirement will be satisfied.
No. The withdrawal is automatic. BCIS does not actually do anything about
it. Rather, the I-140 is considered withdrawn the day the letter arrives
at the BCIS office.
> More importantly, I have a job interview coming up in August. I just
> want to make sure that I am in legal status long enough (for two to
> three months) to get an H-1B for my next job.
Shouldn't be a problem.
> I really don't mind if I have to go through the EB-1(b) later again,
> because I am not sure how BCIS decide whether two jobs are in the same
> field or not (as far as portability is concerned).
Here is another hint: if the timing works out, you may be able to
substitute a new I-140 into the existing I-485. To do that, the new
employer would have to get the ball rolling on the new Labor Certification
(if needed) and I-140 immediately. When the I-140 is filed, simply inform
BCIS to combine it with the old, already-pending I-485. That way, you will
take advantage of the fact that the I-485 has already been pending for a
long time and is close to a decision.
--
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.
>> If you can get them to delay withdrawing it until October 8, that would
>> be great. You are already half-way through the 180 days. Since you say
>> "a couple of months" it seems that they would be willing to cooperate
>> on this. For that matter, they are not required to withdraw the I-140
>> at all, since it is for a potential future job (in contrast, they are
>> required to cancel your H-1B petition).
>
> I am not sure if they will do as I ask. They said they would withdraw
> the I-129 in a couple of months. I am guessing that they will withdraw
> the I-140 at the same time.
I don't see any basis for that guess. The law requires them to revoke the
I-129 (and not in a couple months, but fairly soon), but it does not
require them to do anything about the I-140.
> I know that I am so close, but no cigar. Maybe it will take the BCIS
> another month, after the I-140 withdrawal, to revoke the I-140. Then
> the 180-day requirement will be satisfied.
No. The withdrawal is automatic. BCIS does not actually do anything about
it. Rather, the I-140 is considered withdrawn the day the letter arrives
at the BCIS office.
> More importantly, I have a job interview coming up in August. I just
> want to make sure that I am in legal status long enough (for two to
> three months) to get an H-1B for my next job.
Shouldn't be a problem.
> I really don't mind if I have to go through the EB-1(b) later again,
> because I am not sure how BCIS decide whether two jobs are in the same
> field or not (as far as portability is concerned).
Here is another hint: if the timing works out, you may be able to
substitute a new I-140 into the existing I-485. To do that, the new
employer would have to get the ball rolling on the new Labor Certification
(if needed) and I-140 immediately. When the I-140 is filed, simply inform
BCIS to combine it with the old, already-pending I-485. That way, you will
take advantage of the fact that the I-485 has already been pending for a
long time and is close to a decision.
--
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 17th 2003, 1:55 am
#44
Guest
Posts: n/a
Re: traveling while H-1B -> B2
"Ingo Pakleppa" wrote in message
news[email protected]...
> I think this actually addresses a completely different issue, and would
> only matter if you did NOT use concurrent filing.
Ingo:
Yes, I agree with you that it addresses a differenet issue. However, the
message in the paragraph below is consistent with your view that having a
pending I-485 allows one to remain in status after an H-1B is laid off,
which is what you think I should do after my layoff.
Teich
> > 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
> --
> Remember, I am strictly a layperson without any legal training. I
encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
> Please support H.R. 539 and H.R. 832. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
> Please visit my new FAQ at http://www.kkeane.com (always under
construction)
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
> Please feel free to enjoy some of my photographs at my new Web site
> http://www.ingopakleppa.com ! Comments are welcome.
news
[email protected]...> I think this actually addresses a completely different issue, and would
> only matter if you did NOT use concurrent filing.
Ingo:
Yes, I agree with you that it addresses a differenet issue. However, the
message in the paragraph below is consistent with your view that having a
pending I-485 allows one to remain in status after an H-1B is laid off,
which is what you think I should do after my layoff.
Teich
> > 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
> --
> 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 17th 2003, 2:24 am
#45
Guest
Posts: n/a
Re: traveling while H-1B -> B2
> >> If you can get them to delay withdrawing it until October 8, that would
> >> be great. You are already half-way through the 180 days. Since you say
> >> "a couple of months" it seems that they would be willing to cooperate
> >> on this. For that matter, they are not required to withdraw the I-140
> >> at all, since it is for a potential future job (in contrast, they are
> >> required to cancel your H-1B petition).
> >
> > I am not sure if they will do as I ask. They said they would withdraw
> > the I-129 in a couple of months. I am guessing that they will withdraw
> > the I-140 at the same time.
> I don't see any basis for that guess. The law requires them to revoke the
> I-129 (and not in a couple months, but fairly soon), but it does not
> require them to do anything about the I-140.
They did hint to me that "because of their heavy workload, they will inform
the BCIS about the loss of my job (as far as my H-1B is concerned) in a
couple of months". They seem to be comfortable waiting close to 2 months to
withdraw the I-129 so that folks with H-1Bs who get laid off have a chance
to do an H-1B transfer within 60 days without going to the B-2 route.
However, I do NOT agree with their viewpoint that one shouldn't need to
switch to a B-2 in the mean time, but they, and also other friends of mine,
said that it is routinely done and is allowed by the BCIS.
Hopefully I will get them to agree to withdraw the I-140 in a couple of
months too...we will see. I doubt that they will leave the I-140 alone
(i.e., not withdrawing it), because I feel that they worry about being
audited and black-listed (i.e., when someone is laid off, there shouldn't be
a future job offer for him/her).
> > I know that I am so close, but no cigar. Maybe it will take the BCIS
> > another month, after the I-140 withdrawal, to revoke the I-140. Then
> > the 180-day requirement will be satisfied.
> No. The withdrawal is automatic. BCIS does not actually do anything about
> it. Rather, the I-140 is considered withdrawn the day the letter arrives
> at the BCIS office.
> > More importantly, I have a job interview coming up in August. I just
> > want to make sure that I am in legal status long enough (for two to
> > three months) to get an H-1B for my next job.
> Shouldn't be a problem.
> > I really don't mind if I have to go through the EB-1(b) later again,
> > because I am not sure how BCIS decide whether two jobs are in the same
> > field or not (as far as portability is concerned).
> Here is another hint: if the timing works out, you may be able to
> substitute a new I-140 into the existing I-485. To do that, the new
> employer would have to get the ball rolling on the new Labor Certification
> (if needed) and I-140 immediately. When the I-140 is filed, simply inform
> BCIS to combine it with the old, already-pending I-485. That way, you will
> take advantage of the fact that the I-485 has already been pending for a
> long time and is close to a decision.
Sounds like a plan, Ingo. I will work on it after finding my next job. On
the other hand, if I am applying for another I-140 under EB-1(b), I may opt
for consular processing because it seems that the processing dates for
I-485's are not moving forward at all.
> >> be great. You are already half-way through the 180 days. Since you say
> >> "a couple of months" it seems that they would be willing to cooperate
> >> on this. For that matter, they are not required to withdraw the I-140
> >> at all, since it is for a potential future job (in contrast, they are
> >> required to cancel your H-1B petition).
> >
> > I am not sure if they will do as I ask. They said they would withdraw
> > the I-129 in a couple of months. I am guessing that they will withdraw
> > the I-140 at the same time.
> I don't see any basis for that guess. The law requires them to revoke the
> I-129 (and not in a couple months, but fairly soon), but it does not
> require them to do anything about the I-140.
They did hint to me that "because of their heavy workload, they will inform
the BCIS about the loss of my job (as far as my H-1B is concerned) in a
couple of months". They seem to be comfortable waiting close to 2 months to
withdraw the I-129 so that folks with H-1Bs who get laid off have a chance
to do an H-1B transfer within 60 days without going to the B-2 route.
However, I do NOT agree with their viewpoint that one shouldn't need to
switch to a B-2 in the mean time, but they, and also other friends of mine,
said that it is routinely done and is allowed by the BCIS.
Hopefully I will get them to agree to withdraw the I-140 in a couple of
months too...we will see. I doubt that they will leave the I-140 alone
(i.e., not withdrawing it), because I feel that they worry about being
audited and black-listed (i.e., when someone is laid off, there shouldn't be
a future job offer for him/her).
> > I know that I am so close, but no cigar. Maybe it will take the BCIS
> > another month, after the I-140 withdrawal, to revoke the I-140. Then
> > the 180-day requirement will be satisfied.
> No. The withdrawal is automatic. BCIS does not actually do anything about
> it. Rather, the I-140 is considered withdrawn the day the letter arrives
> at the BCIS office.
> > More importantly, I have a job interview coming up in August. I just
> > want to make sure that I am in legal status long enough (for two to
> > three months) to get an H-1B for my next job.
> Shouldn't be a problem.
> > I really don't mind if I have to go through the EB-1(b) later again,
> > because I am not sure how BCIS decide whether two jobs are in the same
> > field or not (as far as portability is concerned).
> Here is another hint: if the timing works out, you may be able to
> substitute a new I-140 into the existing I-485. To do that, the new
> employer would have to get the ball rolling on the new Labor Certification
> (if needed) and I-140 immediately. When the I-140 is filed, simply inform
> BCIS to combine it with the old, already-pending I-485. That way, you will
> take advantage of the fact that the I-485 has already been pending for a
> long time and is close to a decision.
Sounds like a plan, Ingo. I will work on it after finding my next job. On
the other hand, if I am applying for another I-140 under EB-1(b), I may opt
for consular processing because it seems that the processing dates for
I-485's are not moving forward at all.
