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No grace period There is no grace period for the case that you mentioned. In other words you start to accrue unlawful presence the day after you get laid off. The good thing is that USCIS has little chance of discovering that a person has been laid off unless a sponsor employer withdraws H1-B...

If an RFE is generated while you or your spouse are out of the US, there should be no problem entering the US with a valid AP (based solely on the fact that an RFE was issued). My I-485 was approved and an RFE was issued for my wife's I-485 application while we were out of the US. There were no...

If I understood correctly your story it appears that you haven't transferred H1-B back to company A. If this is the case you don't have authorization to work for company A until you either transfer H1-B back to A or obtain an EAD. Another serious issue is not reporting your employment history...

I assume that your 6 year time limit on previous H1 status expires on 1/21/05. If that is the case and your new H1 eligibility depends on resetting the 6 year clock, then you can't apply for a new H1-B before Nov-25-2005. The USCIS requires that applicant be eligible for an immigration benefit...

Card Ordered Here is my info: SD: 9/13/04 (Newark) CO: 10/15/04 CM: ?? CR: LUD change after having PP stamped: 9/28, 9/29, 9/30, 10/13, 10/14 & 10/15

It looks like we are beating a dead horse here, but let me clarify my interpretation of your quote. "Advanced Parole(Form I-512) for adjustment applicants will be issued valid for a period which coincides with the time normally required for completion of an adjustment application not to...

Pralay, Let's not argue about the fact that nobody, I am aware off, reported any issues when travelling on AP after I-485 approval, since that doesn't prove the rule. On the other hand I'd like to hear your interpretation of the paragraph in the article you suggested could be enlightening...

Where does it state that AP gets invalidated by an approval of the underlying I-485 petition? I have never heard of a case that a person had problems travelling with a valid AP after an approved I-485. I also haven't heard of any timeline required for PP stamping. On the contrary, I do know a...

No problems whatsoever as long as he has a valid AP.

I am not sure that salary not matching (or exceeding) what was quoted in LCA atomatically puts you out of status. Some of the typicall ways people get out of status while on H1B are: 1. stop working for a sponsor and don't have H1B transfer filed 2. latest I-94 expires and EOS hasn't been...

EAD stands for Employment Authorization Document and as far as I know it clearly states on the back of the card that it is not valid for re-entry to the US. In order to enter the US you need a valid visa stamp in your passport.

I do agree that portability in this case is fairly straight forward. On the other hand, although I don't like to play a devil's advocate, I can conceive a scenario which could create a problem and I don't know exact answer for. Let's assume that your current employer gets pissed and attempts...

Hi, I am in the same boat and for that reason did some research on the Internet. Here is what I found out: 1. Inspector at the POE is instructed to let people with AP in if their AOS is either pending or approved. 2. If you receive an RFE, your case is still pending so there is no problem...

I have seen few cases on this forum that had actually gotten approval before scheduled 2FP date and after doing an early FP. For most of the people, however, it doesn't speed up the processing. The bottom line is, doing an early FP you lose nothing (besides time if they turn you down) and...

This is not what I am saying. Let me describe the scenario that I had in mind. Assume that a person is in US on H4 visa and valid Visa stamp in PP. Then that person finds a job and files application to change his status to H1. In the mean time, before CoS is approved, he goes out of US for...

Ok, I agree that "invalidated" is not the most appropriate word. However, one's status in US, upon entry using a Visa stamp, is governed by an underlying H1/H4 approved petition that was a basis for Visa issuance. If that H1/H4 petition, in the meantime, is superceeded by another petition, a...

I'm still here. By the way my colleague is a march '02 filer and still waiting. The bottom line is that there is quite a few folks out there that you can comisserate with.

She will lose her H1 status as soon as she stops working for the sponsoring company. In order to maintain her status she should have a lawyer file a change of status request with USCIS (change from H1 back to H4) prior to her leaving H1 sponsor. My understanding is that visa stamp becomes...