Question on gap between 2 H1s

A

aakupachha

Registered Users (C)
I changed jobs from company A to B in May 2005. At that time I have a valid H1 until Nov 2005. New company B filed a H1 from the starting date May 1, 2005. The receipt data of H1 is also May1, 2005. RFE was issued regarding LCA. My company’s attorney got a new LCA (new LCA was issued from Aug 1, 2005) and answered RFE. But my H1 is approved from Sep 12, 2006. Is this gap from May 1st to Sep 11th would be a problem? Now I am planning to go to India for a visit. I want to go to either Mexico or India for H1 stamping. Is this gap will be a problem for getting H1 stamp. My company’s attorney says it would be a problem if I go to Mexico for stamping.

I also have a pending 485 and valid AP to travel to my country. I do not want to switch to EAD when I re-enter US. My company’s attorney is insisting me to either get visa stamp or change to EAD after re-entering on AP.

I appreciate your help.

Thank you,
Aka.
 
aakupachha said:
I changed jobs from company A to B in May 2005. At that time I have a valid H1 until Nov 2005. New company B filed a H1 from the starting date May 1, 2005. The receipt data of H1 is also May1, 2005. RFE was issued regarding LCA. My company’s attorney got a new LCA (new LCA was issued from Aug 1, 2005) and answered RFE. But my H1 is approved from Sep 12, 2006. Is this gap from May 1st to Sep 11th would be a problem? Now I am planning to go to India for a visit. I want to go to either Mexico or India for H1 stamping. Is this gap will be a problem for getting H1 stamp. My company’s attorney says it would be a problem if I go to Mexico for stamping.

There will be no problem in your case . You applied your transfer May 1, 2005, so you are covered you are in status, irrespective of the approval date. If it is not approved then you will have problem.
I also have a pending 485 and valid AP to travel to my country. I do not want to switch to EAD when I re-enter US. My company’s attorney is insisting me to either get visa stamp or change to EAD after re-entering on AP.

I appreciate your help.

Thank you,
Aka.
Click to expand...
 
Is it in any law or memo

Greatguru,
Thank you for your reply.
"You applied your transfer May 1, 2005, so you are covered you are in status, irrespective of the approval date"

Is this stated in any law or any memo that I am covered irrespective of the approval date? I want to refer it to my company's attorney.

Thank you,
aka
 
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