-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
powburn wrote:
> powburn wrote:
>> Correct, as long as you return after October 1 (I believe you are
>> allowed to enter ten days earlier, actually).
>
> Why would I have to return after October 1, or even 10 days earlier? I
> haven't seen anything on the Consulate web site that indicates this and
> presumed I could return to the US the same day I received my passport
> with the new Visa. I presume this would be the case for a new H-1B Visa
> as part of the 2005-2006 quota, rather than the renewal of my H-4 Visa
> since the quota only applies to new applications.
The reason is that your H-1B would only be approved effective October 1,
because of the quota. Until that date, you are not entitled to H-1B
status. So if you tried to go to the USA too early, you would only be
admitted as H-4, and not be allowed to work.
>> The I-94 that was attached to the H-1B approval becomes invalid
>> by you by leaving the USA.
>
> I take it that the H-1B Approval Notice itself is still valid, even if
> the new I-94 at the bottom isn't and that I could still use it to obtain
> an H1B Visa at the London Consulate?
Yes. An H-1B approval (if you are in the US) actually is two approvals
rolled into one document. First, the employer filed a petition on your
behalf. The petition does not convey any immigration benefit at all, but
it authorizes the consulate to issue a visa for you, and it also is,
*together with your I-94* your work authorization.
The second approval is for a change of status. That is documented with
the attached I-94. When the I-94 becomes invalid, for instance by you
leaving the USA, or even if there was no I-94 attached at all (meaning,
they denied your change of status for some reason or another), the
petition still remains valid.
>> Correct. That is the only realistic way to get back into H-1B
>> status (the other option would be to file another H-1B petition to
>> change within the USA. But that would take way too long).
>>
> If I already had an H-1B Approval Notice, wouldn't it just be a Change
> of Status application, form I-539 I think, rather than re-submitting
> the H-1B paperwork again? Although I notice one of the I-129 classes
> is called "H-1B Change of status in the U.S." I'm guessing this is the
> one you mean.
Change to H-1B is an exception. I agree that it would be logical to use
the I-539 in your situation, but it's not the way USCIS expects it to be
filed. A change to H-1B must be filed on form I-129.
> Wouldn't premium processing get around the long timescale too?
> Well, to a degree anyway.
True.
>
>> Correct. The bigger problem with this approach is the timing.
>> Since your case will be a quota case, it is quite possible that you
>> will miss the quota and not be able to start working until
>> October 1, 2006 (instead of 2005). So I would recommend
>> avoiding this approach for that reason alone.
>
> Do you have any idea how close to quota the H-1B's are for 2005-2006 or
> exactly where I could find this out?
I expect that USCIS will make an announcement within the next few weeks.
I think I heard somebody mention that recently, they reached around 40k
cases, out of a quota of 65k (+20k for US Master's). My guess would be
that the quota will be reached somewhere between September and December.
If I was to place a bet on a specific date, I'd put it on November 14.
But of course, that's just guesswork...
> Is the quota for 2004-2005 already used?
Yes, it's long gone. That quota was exhausted October 1, 2004. The only
exception is people who have a US Master's degree. That class has a
separate 20k quota, and is still available.
> I presume premium processing could be used for this late application
> too, which would surely help.
No, Premium Processing wouldn't help, at least if they handled it the
same as in previous years. The cutoff went by filing date, not by
approval date.
- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at
http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)
Comment: Using GnuPG with Mozilla -
http://enigmail.mozdev.org
iD8DBQFC/GVXyUlVTFdHXskRArFUAJwLshbCl5Ua+MuqirMWMSVcDq9i1wC gmm6g
E7y7dhc5cEtMhWLaxYTb/xY=
=Uh5t
-----END PGP SIGNATURE-----