Unusual situation....please guide

E

eb2007

Registered Users (C)
I'm presently on J1 which will be changed to H1b (academic, nonprofit) from May 1 onwards. I've also applied for profit H1b (cap) through a private employer. My petition was received by USCIS and I got an email from my lawyer that she has filed my case as Change of Status and I should not travel while H1b petition (capped one) is pending. My problem is that I've already booked a ticket to travel to India and get my nonprofit H1b stamped. But I'm worried now as if I travel now then i think I'll abondon my change of status application and I've to go through consular processing. Am I right??
I thought if i travel now and get H1b (nonprofit) stamped then I can later also use profit H1b after approval. i'm really confused whether I should travel now? I was so excited to see my family and friends....I dont know what will happen if i travel now.......but i desperately want to travel....gurus please guide me about the consequences...I know i posted this at wrong place but my sense is I can get most appropriate response here...btw my EB1 and EB2 petition is also pending and i'm really helped by this forum
p.s. my nonprofit H1b has I94 valid till May 2011.
 
Try the H forum. Maybe someone knows over there. But the situation sounds complicated and it would be advisable to consult with an attorney.
 
I think you can travel on your current J1 and use that for reentry before May1. If you have approval notice for the new H1B you can plan on getting that stamped before return and use that for reentry. The other cap application is not even accepted at this stage as only the applications that win the "H1B lottery" will be accepted and others returned. Lottery will take another month or more to happen as i believe they are going to deal with 20,000 advanced US degree H1Bs first this time and then go for the 60,000 regular H1Bs. In the mean time you can travel and return. While its not advisable to travel when an petition is pending, it does not mean you cannot. People do travel for family emergencies and other important things like marriages etc. Check with your immigration attorney on "what if" in case you travel and the consequences thereof. This is just my 2 cents on your issue and not legal advice.

eb2007 said:
I'm presently on J1 which will be changed to H1b (academic, nonprofit) from May 1 onwards. I've also applied for profit H1b (cap) through a private employer. My petition was received by USCIS and I got an email from my lawyer that she has filed my case as Change of Status and I should not travel while H1b petition (capped one) is pending. My problem is that I've already booked a ticket to travel to India and get my nonprofit H1b stamped. But I'm worried now as if I travel now then i think I'll abondon my change of status application and I've to go through consular processing. Am I right??
I thought if i travel now and get H1b (nonprofit) stamped then I can later also use profit H1b after approval. i'm really confused whether I should travel now? I was so excited to see my family and friends....I dont know what will happen if i travel now.......but i desperately want to travel....gurus please guide me about the consequences...I know i posted this at wrong place but my sense is I can get most appropriate response here...btw my EB1 and EB2 petition is also pending and i'm really helped by this forum
p.s. my nonprofit H1b has I94 valid till May 2011.
Click to expand...
 
Thanks santipawar!!
That's what I'm hoping that they will conduct the lottery after a month or so. Other than that, if selected, I might have to get consular processing (if i travel now) to activate my new H1b and I can do that from India. Is it safe to get consular processing and how different it is from stamping??
Thanks in advance
 
Again, my 2 cents on this issue. To get stamped you have to have H1B approval notice. With the cap-H1B you are looking at 2months or so to get approval notices in hand. I am not sure if consular processing is absolutely necessary to "activate" your cap-H1B which only starts in October. Also as the cap-H1B goes into effect only in October and not right away, you have only your J1 or non-cap H1B for your legal status till then. And i guess you have to use one of those for reentry.

eb2007 said:
Thanks santipawar!!
That's what I'm hoping that they will conduct the lottery after a month or so. Other than that, if selected, I might have to get consular processing (if i travel now) to activate my new H1b and I can do that from India. Is it safe to get consular processing and how different it is from stamping??
Thanks in advance
Click to expand...
 
Last edited by a moderator:
Thanks once again!! Even i'm not sure if i need consular processing to activate my profit H1b (if selected) after i travel and abondon my COS...
 
J-1 to H

You have not told us if you have J waiver or if you are not subject to the 212(e) foreign residence requirement. If you are subject I believe that you are not eligible to COS H-1B whether it is for non profit or cap subject.
If you are not subject you cannot travel while your COS is pending period.
 
I've obtained the waiver. One of my H1b (academic) is already approved and filed profit H1b this year.....keeping my fingers cross for the lottery. if got selected, then I'll postpone my travel plans otherwise.....I'll visit
 
Once you are issued a receipt notice(H1 profit), and the case is pending, if you leave the country, it would automatically abandon your pending application.
 
If your application is accepted in the lottery, you can expedite its processing using premium processing and still visit home a few weeks later.

eb2007 said:
I've obtained the waiver. One of my H1b (academic) is already approved and filed profit H1b this year.....keeping my fingers cross for the lottery. if got selected, then I'll postpone my travel plans otherwise.....I'll visit
Click to expand...
 
Thanks a lot you guys for guiding me through this another immigration-related problem. I'll wait for the decision of lottery and then will finally make up my mind whether to travel or not...
 
You must log in or register to reply here.
Top