forever_waiting
04-22 07:54 PM
The point behind the lawsuit example was that just talking frivolously about lawsuits without understanding background and facts - is completely meaningless. This has been proven in the past.
It was about why more visas were given to EB-I and less to EB-C. Nothing to do with present debate
It was about why more visas were given to EB-I and less to EB-C. Nothing to do with present debate
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nfinity
07-19 08:49 AM
Even if it is a typo and it turns out to be 6400$ which is unlikely, can everyone contribute 64$? Lets do our 1%. What say?
kumsoft
08-13 07:43 PM
Let everyone get their greencard. Dont fight among us, thats what anti-immigrants community wants.
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fromnaija
10-16 11:07 AM
Today 10/16/2007 there is another update. Why is USCIS looking at my old H1B approved in August 2003 for an employer I left in 2004? I am perplexed!
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
more...
pcs
07-14 07:57 PM
done
desi3933
08-20 12:35 PM
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
NKR - Sorry, I wasn't very clear and it got misunderstood.
What I am trying to say is that whether GC takes 1 years or 5years, it is worth the wait IMHO. If I have to do all over again knowing it could take 5-6 years, I will do it. But that's just my personal opinion.
How are things going on your side, NKR? Good Luck.
The point I am trying to make is that no one can justify the wait time. it is torture.
NKR - Sorry, I wasn't very clear and it got misunderstood.
What I am trying to say is that whether GC takes 1 years or 5years, it is worth the wait IMHO. If I have to do all over again knowing it could take 5-6 years, I will do it. But that's just my personal opinion.
How are things going on your side, NKR? Good Luck.
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sc3
08-12 03:06 PM
mirage,
Good initiative, I will send a mail too. Did you get any kind of response back?
Good luck!
Good initiative, I will send a mail too. Did you get any kind of response back?
Good luck!
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satyasaich
07-10 02:49 PM
For what? we all had enough of this drama and trauma as well.
Let's wait and see
I can trust this guy because of his recent past blogs which turned true.
Can i celebrate? I want to.
Let's wait and see
I can trust this guy because of his recent past blogs which turned true.
Can i celebrate? I want to.
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shankar_thanu
07-18 05:27 PM
I saw some postings saying that USCIS can assume the name check is done and is OK if FBI does not get back in 6 months and thats how they managed to approve all those cases in June, is this correct?
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nirenjoshi
03-10 05:02 PM
One of the IV members has requested me to post this info.
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
wonder if USCIS received $5K for providing this info :)
maybe requesting info thru Senators is the way to go, rather than FOIA.
Would have been nice if they gave break-up by Year, but anyways, some info is better than nothing. Thanks for posting this.
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
wonder if USCIS received $5K for providing this info :)
maybe requesting info thru Senators is the way to go, rather than FOIA.
Would have been nice if they gave break-up by Year, but anyways, some info is better than nothing. Thanks for posting this.
more...
ItIsNotFunny
11-10 03:40 PM
I would keep it simple. H1 is a very solid backup in current market. I just don't want to close any options.
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gccovet
09-24 08:32 AM
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
--------------------------------------------------------------------------------
The best way to respond this kind of people is to ignore them....
If you are successful, certain people will complain and make up stories how you became successful.
If you fail, the same people will makeup stories how dumb you are etc...
The best way, in my opinion, is to ignore these fools.
Those who are writing negative about IV and their leaders, do not have slightest idea on how much sacrifices they have made (family time, financially, physically, mentally etc) so that most of us could be benefited out of it. If these people think they are not benefited or does not like the idea, please don't read those post or just ignore them and move on, go to the posts that you would be benefited from and logout, I personally would like these people to share their experience and answer questions by others with their best of their knowledge, but if you can�t do that, please don't demoralize others.
And yes, I don't care about RED dots, so bring them on.
GCCOvet
--------------------------------------------------------------------------------
The best way to respond this kind of people is to ignore them....
If you are successful, certain people will complain and make up stories how you became successful.
If you fail, the same people will makeup stories how dumb you are etc...
The best way, in my opinion, is to ignore these fools.
Those who are writing negative about IV and their leaders, do not have slightest idea on how much sacrifices they have made (family time, financially, physically, mentally etc) so that most of us could be benefited out of it. If these people think they are not benefited or does not like the idea, please don't read those post or just ignore them and move on, go to the posts that you would be benefited from and logout, I personally would like these people to share their experience and answer questions by others with their best of their knowledge, but if you can�t do that, please don't demoralize others.
And yes, I don't care about RED dots, so bring them on.
GCCOvet
more...
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Macaca
03-09 11:18 AM
I dont think any of your postings are less stimulating but I guess there is no big impact on these free lunchers.
Another example from here (http://immigrationvoice.org/forum/showthread.php?t=3445&page=6).
Please don't ignore the undernourished recurring contribution thread. Good things will come up on the floor with a nourished and healthy Patton Boggs. Thanks.
Response (currently deleted)
Macaca will keep asking and asking and asking.
.....
Macaca keep asking ...
Please keep in mind that I (anurakt, AmitJoey, Neelu, Sunny1000, ...) are not begging for themselves. We are begging for everyone reading this because IV can not survive with current financial contributions.
Also, please keep in mind that my contributions (financial + effort) are < 5% the contributions of core. Please don't take it for granted.
Another example from here (http://immigrationvoice.org/forum/showthread.php?t=3445&page=6).
Please don't ignore the undernourished recurring contribution thread. Good things will come up on the floor with a nourished and healthy Patton Boggs. Thanks.
Response (currently deleted)
Macaca will keep asking and asking and asking.
.....
Macaca keep asking ...
Please keep in mind that I (anurakt, AmitJoey, Neelu, Sunny1000, ...) are not begging for themselves. We are begging for everyone reading this because IV can not survive with current financial contributions.
Also, please keep in mind that my contributions (financial + effort) are < 5% the contributions of core. Please don't take it for granted.
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tonyHK12
04-20 12:59 PM
Hey GG - I did not take offense to your sentiments on B Com. What pissed people off, was your tone and disgust at the poor fellow and his qualifications, especially when you know little about his ability to carry out his job, or his background. In school, or on line -- he earned those degrees. Maybe he didn't have the financial resources to attend the best schools (I don�t know what is IGNOU). His employer has retained him, so perhaps he is good at what he does. He left his home, his family and traveled to some foreign shore to earn a living, not rob a bank. Show some respect. Anyway apologies for anything harsh I have said. Peace.
I assume you've likely never studied in India though. An bachelor's degree in engineering is not very expensive, if you have good grades.
10 years back it would cost about $100-200 a year, if you qualified through a state ranking system.
I assume you've likely never studied in India though. An bachelor's degree in engineering is not very expensive, if you have good grades.
10 years back it would cost about $100-200 a year, if you qualified through a state ranking system.
more...
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mirage
03-10 11:10 PM
Why do you bring Malice with you, everywhere, seriosly how does your family stand you ?
I have seen your posts earlier, they are full of abuses, unjust full of most useless comments, let me tell you one thing, it is a very well known truth people who are most abusive on cyber space, are most fattoo & have been beaten up kind of people because they spend their life in threat but on cyberspace they become Lion. You are a typical Cyber Sher... But in real life I can guess....Who told you that, a tweety bird???? you "I just thought" idiot.
I have seen your posts earlier, they are full of abuses, unjust full of most useless comments, let me tell you one thing, it is a very well known truth people who are most abusive on cyber space, are most fattoo & have been beaten up kind of people because they spend their life in threat but on cyberspace they become Lion. You are a typical Cyber Sher... But in real life I can guess....Who told you that, a tweety bird???? you "I just thought" idiot.
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pappu
07-01 08:26 PM
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
more...
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sathishav
04-18 02:54 PM
This is what my attorney told me:
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
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gceverywhere
07-17 05:39 PM
First of all, Thanks to IV core and everyone else who made this possible.
I agree 100% with the original poster. While it may seem
like we have won, it's really a very small relief.
We need to push for the resolution that requires the unused numbers to be used and also for some way to increase that number. It may seem like a distant dream and too big of a task but WE MUST NOT LOSE THE MOMENTUM. The worst thing about waiting for years after years is that we can not plan our lives. Using EAD could be much more complex compared to just gettting it. So in most cases you end you giving 5-10 golden years of your career. While I understand that we have made this choice to stay here and that green card is not our birth right, I think it is very dangerous to accept the status quo and to not ask for a better life.
I agree 100% with the original poster. While it may seem
like we have won, it's really a very small relief.
We need to push for the resolution that requires the unused numbers to be used and also for some way to increase that number. It may seem like a distant dream and too big of a task but WE MUST NOT LOSE THE MOMENTUM. The worst thing about waiting for years after years is that we can not plan our lives. Using EAD could be much more complex compared to just gettting it. So in most cases you end you giving 5-10 golden years of your career. While I understand that we have made this choice to stay here and that green card is not our birth right, I think it is very dangerous to accept the status quo and to not ask for a better life.
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inspectorfox
10-10 04:57 PM
Effect of Travel While in H1B / L-1 Status and Pending I-485
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
small2006
05-24 01:06 PM
What the hell is wrong with these "law makers". As if we are not already being fleeced, they want to do it even more!!:mad:
unknown123
08-15 08:12 PM
done
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