Extremely Urgent---gurus plz help

C

cyber256

Registered Users (C)
Date: 19th April, 2006
Hello Everyone,

I came to US on F1. Now I am on H1-B (visa not stamped on passport) married to a USC girl. We are from TN. We filed I-485/I-130/I-765/I-131 on 3rd April, 06. Here is my timeline;
RD – 4th April, 06
ND – 7th April, 06
Checks Cashed – 10th April, 06
NOA Received in mail - 11th April, 06 (notice of action for I-485, I-130, I-765, I-131)
FP & Biometrics Appointment - 27th April, 06

My question is suppose I leave my present Employer & he cancels my H1-B visa.
Will I be out of status?
Will I still be able to travel to India in Oct 06 only on my Approval of I-131?

Urgently waiting for reply from gurus……

Thanks.
 
You may use your AP (I-131) to travel out of the US and back in, any time after it is approved... however, if you still have a valid H-1B when you are entering US, I've read people saying that it is advisable to use your visa at PoE (Port of Entry) as its less hassle.

If your H-1B is cancelled, and you use your AP, you will not be out of status - your status will be 'Pending AOS'.

HTH, USC
 
Does the decision of approval of I-131 depend on my H1-B status
i.e. will USCIS reject my I-131 application if my H1-B gets cancelled before my I-131 application is approved?

Thanks
 
cyber256 said:
Date: 19th April, 2006
Hello Everyone,

I came to US on F1. Now I am on H1-B (visa not stamped on passport) married to a USC girl. We are from TN. We filed I-485/I-130/I-765/I-131 on 3rd April, 06. Here is my timeline;
RD – 4th April, 06
ND – 7th April, 06
Checks Cashed – 10th April, 06
NOA Received in mail - 11th April, 06 (notice of action for I-485, I-130, I-765, I-131)
FP & Biometrics Appointment - 27th April, 06

My question is suppose I leave my present Employer & he cancels my H1-B visa.
Will I be out of status?
Will I still be able to travel to India in Oct 06 only on my Approval of I-131?

Urgently waiting for reply from gurus……

Thanks.
Click to expand...

Ill let you in on a secret... Employers usually do not cancel out H1-B once an employee quits (unless it is an extreme case), they would rather let the H1-B expire on it own. Getting LC approved for H1-B applications is becoming difficult and if employers cancels H1-B for every employee that quits, it would become hard for them to explain to USCIS why they want more H1's when they are cancelling others in the background.

Technically, when you quit a job, that H1-B is no longer useful to you as you wont be working for that employer anymore. You should use AP to avoid complications at the POE. You will not be out of status once you quit your H1-B job and the I-131 approval does not depend on the H1-B status (it probably would if you are on an EB GC)
 
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