H1B Petition In April

U

unsane

Registered Users (C)
My employer will be filing the H1B petition for me again this year (missed the lottery in 08). Hopefully I will have a better shot this year thanks to the current economic situations.

Should I be asking the lawyer to file as AOS (TN => H1B) since I will be traveling outside the US sometimes in June? Will the petition automatically be abandoned if I leave the country before it gets finalized.

thanks.
 
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The term is COS not AOS.

I-129 cannot be abandonned by any action you take. It is your company's petition.

Let the COS process go forward. Even if you leave US, you will still likely get an I-94 which will activate on Oct 01 2009 automatically.
 
Thanks Nelsona.

Should I insist my employer to file as COS? Will I have a problem leaving the country during the adjudication period if not going the COS route?
 
Nothing in the I-129 process will give you 'problems' leaving or entering the country on your current TN.

Filing With COS is the standard method of submitting I-129. It costs nothing. Why should they want to be different?
 
My employer is going to file I-129 for me to extend my TN. Will it harm my TN renewal if I travel outside of US while my current TN is valid? I've seen on this web site that it is advisable not to travel outside of USA. Are they right?

http://www.canadatotwincities.com/tn_mail.html

If I travel outside of USA after my current TN expires and before my I-129 is approved, I will have to apply for a new TN at the POE, correct? If so, can I remain outside of USA until my I-129 is approved and enter US with the new I-94 that I will receive in the mail?
 
Neil's post is incorrect (you can also see that it is quite old -1999).

I-539's are considered abandonned, but I-129's are not. In fact, I-129's are regularly used for H1 petitions when the beneficiary is not even within US.

As to waiting outside US, sure you can, and can even ask the POE to check their system for the approval, so you don't even need the approval notice or I-94 itself. But it would be much more cost effective to simply apply for new TN at the border, as you have no control on when that new I-129 would be approved, if ever.

Why give up weeks of work just to save $50.
 
nelsona said:
Nothing in the I-129 process will give you 'problems' leaving or entering the country on your current TN.

Filing With COS is the standard method of submitting I-129. It costs nothing. Why should they want to be different?
Click to expand...

Sorry about my ignorance on H1B petition. What is the "non-standard" method? I thought, for example, people (non-Canadian) on OPT are not recommended to leave the US until their case is adjudicated.
 
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