reapply for H1 while AOS pending

Originally posted by vipsha
When you will apply for VISA stamping at US consulate outside the USA , in form (I forget the form number) you need to mention that you are under AOS and after seeing that you may not be granted VISA. Consulate may say that since you have already under AOS then why do you need VISA instead you can have EAD and AP route.

New addition
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If you are leaving the USA without valid H1 stamp on your Passport or valid AP then that would be abandoning GC.

Having I-129 approval does not mean you have valid VISA on your passport, as you said that your old H1 VISA has already been expired so probably it will be abandoning GC.
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I confirm what Vipsha said. After reading this post, I spoke with my lawyer and he confirmed that I can not leave US unless I have valid AP. Leavin US without AP or valid VISA in passport will result in AOS abandon. Pretty sad!

Anyway Vipsha, thanks a lot for the very accurate posts. You have some that are not so accurate, like this one:

"EAD extension was your responsibility don't blame your company, you could have done it by your self."

... but hey, nobody's perfect ... :)

Regards and again my many thanks to everybody who positively contributes to this portal.
 
gica,

What I meant that EAD is like your DL you are using it so why to blame your company for not getting it renewed.

you know that it is going to expire in few days so why wait, Its a matter of $120 so why to look at your company, file it, wait 90 days, get iEAD, end of story.
 
gica,

No Offense, but Vipsha was not mistaken when he posted that bit about you being responsible for your own EAD.

Technically, your lawyer is supposed to do it for you, after all that is why you are paying him, but practically it is a matter of your life/money/status. In case the lawyer makes a mistake, he can go "Whoops, SORRY!" How ever sorry he is doesn't mitigate from the fact that you are on a plane back home. Offcourse that is a little drastic, and you cannot be expected to know every pitfall that occurs on the immigration route, but you have to be aware of atleast the basic ones. The main one offcourse is apply for EAD renewal 90 days prior to expiry of current EAD!

So going by the above logic Vipsha was not really wrong at all. Being aware of your situation is really your best defence against bad advise from lawyers!

To answer another question put forth by you earlier, WRT your stock options, ESPP, 401k etc. expiring while you sit at home waiting for iEAD is not really true. What is happening is that you are not getting off the pay roll, all you are doing is taking unpaid leave. ESPP, 401K and stock options will not be affected by unpaid vacation, just that you will have less money in them at the end of the year, offcourse you can remedy this by talking to HR and asking them to deduct extra money from your next few pay periods if you can survive with out the immediate cash. The above three, are more limit based and not pay period based.

The only thing you will loose while being on unpaid vacation is your health benifits!
 
Originally posted by 140_takes_4ever
gica,

No Offense, but Vipsha was not mistaken when he posted that bit about you being responsible for your own EAD.

Technically, your lawyer is supposed to do it for you, after all that is why you are paying him, but practically it is a matter of your life/money/status. In case the lawyer makes a mistake, he can go "Whoops, SORRY!" How ever sorry he is doesn't mitigate from the fact that you are on a plane back home. Offcourse that is a little drastic, and you cannot be expected to know every pitfall that occurs on the immigration route, but you have to be aware of atleast the basic ones. The main one offcourse is apply for EAD renewal 90 days prior to expiry of current EAD!

So going by the above logic Vipsha was not really wrong at all. Being aware of your situation is really your best defence against bad advise from lawyers!

To answer another question put forth by you earlier, WRT your stock options, ESPP, 401k etc. expiring while you sit at home waiting for iEAD is not really true. What is happening is that you are not getting off the pay roll, all you are doing is taking unpaid leave. ESPP, 401K and stock options will not be affected by unpaid vacation, just that you will have less money in them at the end of the year, offcourse you can remedy this by talking to HR and asking them to deduct extra money from your next few pay periods if you can survive with out the immediate cash. The above three, are more limit based and not pay period based.

The only thing you will loose while being on unpaid vacation is your health benifits!
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oh, ok, ok ... I got it ... my fault! :mad: but please. don't tell anybody!! ;)

So going on unpaid leave, doesn't affect stock/espp, but only health insurance?? Wow! That's cool!

Thanks for that info, really helps my morale.
Actually that was the only reason I was concerned. So if the stuff with H1 doesn't work out, I will just go on a vacation for a month!

Will BCIS get upset to see no paystubs during this period? (even though I am not even thinking to get an RFE at this time!!! hehehe)

BTW, my WAC is 02-116-5, same my wife ... FP done on 04/23/02

regards
 
In RFE INS will ask for last few paystubs and you are not getting RFE soon so why to worry about that.

Now can we call it as a happy ending of a sad story ?

BTW at least I am not going to tell anybody that you were at fault :D
 
Originally posted by vipsha
In RFE INS will ask for last few paystubs and you are not getting RFE soon so why to worry about that.

Now can we call it as a happy ending of a sad story ?

BTW at least I am not going to tell anybody that you were at fault :D
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A happy ending will be when I will see my GC. The stuff related to my work permit hole, is still there. Eventually it will get "repaired" with an H1 patch. That's what I would call "high-tech plumbing"! :)

And yea Vipsha, since you are the only one that knows, please keep your mouth shut, otherwise I will come after you! :D

I will drive down to LA, so I was thinking to stop by @ Laguna Niguel. Does anybody know? Are there any organized tours for tourists? You know, like the ones @ the chocolate factories ...

g

PS: Why do you call this kind of stuff :mad: "smilies"?
 
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