Adjustment of H1 file

h74shah

Registered Users (C)
What does Adjustment of H1 file mean? What documents are needed and where can I find more information about this? How long does it take to get the approval for this. Do I need visa stamp for this H1, if I already have it on my passport?
 
this is why I want to know.

My lawyer suggested to do this, because my company sent H1 termination letter to INS and then decided to rehire me. Now we are discussing what should be done. and this is one option. If anyone experienced such thing in past, please let me know.
thanks
 
This is a dnagerous game..

Even in the best case if the INS decides to revoke your H1 termination..what if 2 yrs down the line for the green card or for a new H1 transfer some other officer punches your older wacc# in the system and finds out and decides that you are not in status..or you entered the USA when the H1 was cancelled.. Best way out..get them to apply for a new Hh1 or H1-H1 transfer using premuim processesing.
 
thanks for yr answer tt

Hi tt
My lawyer send termination letter to INS on 5th of march stating the I 129 be cancelled at the earliest date. So what will be the cancellation date of my H1, is it 5th march or the date when INS processes this application. Is online case status gonna show that the H1 is cancelled on such and such date? How can I verify for sure that INS cancelled my H1, i mean do they send any document to the lawyer?
thanks
 
They dont send any letter back...

Basically the H1 is said to cancelled from the day the company tells the INS that they want it cancelled. My previous compnay did that since they did not want to be liable for any wages..so they cancelled it the same day I resigned.
 
that's ok

That is true only when the company specifies a particular date. But in my case, the company did not specify a date, just "at the earliest date". So what will be the date, I think this might be a grey area, where it depends upon the INS officer's descretion.
thanks
 
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