JIM PLEASE HELP. Worried!!!

M

maalide

Registered Users (C)
I am working for company A. They have applied for my H1. I have the xerox copy of the receipt. Also, I am getting regular paychecks from them. Surprisingly, I have received my wife\'s H4.
I am planning to go to India due to various reasons and want to comeback after some time.
(a) while going back, can I return I94 card (of my previous company\'s H1 where I got laid off)
and my wife returns I94 (of my current employer\'s H4)
PLEASE ADVICE ON THIS

(b) If at all my current employer don\'t give my H1, can I apply for H1 from another company. Will it be a problem?

Please advice.

Thx
 
JIM PLEASE ADVICE. Worried!!!!

I am working for company A. They have applied for my H1. I have the xerox copy of the receipt. Also, I am getting regular paychecks from them. Surprisingly, I have received my wife\'s H4.
I am planning to go to India due to various reasons and want to comeback after some time.
(a) while going back, can I return I94 card (of my previous company\'s H1 where I got laid off)
and my wife returns I94 (of my current employer\'s H4)
PLEASE ADVICE ON THIS

(b) If at all my current employer don\'t give my H1, can I apply for H1 from another company. Will it be a problem?

Please advice.

Thx
 
No Title

You had specifically asked Jim\'s help, so sorry if I intrude here. But as I understand your employer might have already received the approval for your H-1B. I have noticed on every occassion that if the petitions are filed together for H-1 and H-4; the action dates are the same and it takes roughly the same days for the approval letters to reach. The H-4 approval comes directly to your home address and that for the H-1 to your employer. Kindly ask your employer to give a copy of the I-797 and the original of the I-94 portion of the approval letter. This portion is for you and he has no business to keep it with him, although he is required to keep the upper half. You might turn in these I-94\'s when you are taking a trip; at the airport...but I have noticed last december the authorities took the older original I-94\'s issued and attach these copies with the approval letter (i797) with a stapler and hand it back to me....so do not worry you would be in fine shape...and of course you can aaply with another company at any time.
 
Your H-1 and your wife\'s H-4 have different receipt numbers.

Get your receipt number and call INS to determine the status. The automated system will tell you whether it is approved or not. It seems very unlikely that your wife\'s H-4 would be approved before your H-1 since her validity is entirely dependent upon your H-1 validity.

You need the original I-94s that were sent with the approval notice.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Thank you

Thanks for your reply Debasis.
Can I apply for another H1 evethough the case is pending?

Also, it is true that my H1 approval hasn\'t come. I checked with INS message. So while returning back to India, should I return old I94 stapled with a copy of receipt? And my wife will be returning her approved H4\'s I94?

Thanks
 
Thanks Jim.

I checked the status with INS. It is still pending.
While I am returning back, should I return old I94 stapled with a copy of receipt? and my wife returns her new I94?
Please advice

In future, would it be a problem when I apply for another H1?

Thank you Jim.
 
What makes you say that?

This summer INS issued a memo that clearly stated that travel while a change of status was pending was abandonment of the COS but that it was PERMISSIBLE to travel while a "transfer or EOS is pending".

BTW, what do you mean by it is not "pertinent". Did I misunderstand you?

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
No Title

The only reason I said that was I had no idea of the validity of his I-94; and in such circumstances when all the paperwork are not complete it is frequent that at the POE officials tend to be suspicious. Anyway, legally he can travel at any time he chooses as you pointed out. But given a choice I would rather wait and get every document in hand before I take the trip; to be cautious and not rue later.
 
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