New H1 with new employer, AC21 case

H

hassoon

Registered Users (C)
Guys,

I applied for new H1 with new employer after using EAD for long time, I got approval, but the approval notice mentions clearly that my status is not H1 and I will only be considered H1 if I leave the country and get visa stamp and re-enter the country with this new visa.

I have i485 application pending since March 2002

The Question is?
When I enter the country using this visa and not the AP, is this considered abandoning my I485 by any chance? Does this have any effect on my 485 application?

Any input is greately appreciated.
 
I applied for new H1 with new employer after using EAD for long time, I got approval, but the approval notice mentions clearly that my status is not H1 and I will only be considered H1 if I leave the country and get visa stamp and re-enter the country with this new visa.
I have i485 application pending since March 2002
---- your status is AOS pending
The Question is?
When I enter the country using this visa and not the AP, is this considered abandoning my I485 by any chance?
--- NO, you can enter with H1 or AP (better keep valid AP with you before you go out and if any problem getting H1 visa stamp then use AP to renter)
Does this have any effect on my 485 applications?
--- NO
 
Thanks, I didnot get new I94 number...

I Did NOT get a new i-94 number with th H1. I have valid AP.

Also, the petition is valid from 3/2004 to 8/2005. Is it OK if I use it any time between these dates, say 11/2003 to get the visa, or do I need to do it asap?

Thanks
 
no need to get Visa stamp ASAP you can get Visa stamp when you go out and then enter on H1 status after you get H1Visa stamp (better keep valid AP approved in US with you when you go out so that you will have back up to come back using AP, try to keep always valid AP and apply AP 5-6 months before.)
 
new H1b but nothing mentioned

hossson

What do you mean by saying that it was specifically mentioned by INS that you new H1b is not valid until you leave the country and get a visa.

I am in a very similar situation like yours. I applied for a new H1b in January and got the approval, but nothing was mentioned.
I did not get any new i-94 either. I was on EAD for a long time an used AP several times.
 
here is exactly what it says

"The above petition has been approved for the classification required. it has been determined that the named worker is not eligible for the required change of status.

Even though the named worker is not eligible for a change of status, they may depart the united states and apply for the proper visa at a consulate abroad. then they may apply at a port of entry to reenter the U.S. based on the new visa. The petitioner should keep this portion ....."


Please let me know what your says, I appreciate it
 
What is your status then?

what is your status now? did you change it to H1 already? if not how can you change it?
 
You must log in or register to reply here.
Top