Facts:
I am currently in the process of job transfer. The new employer's lawyer just informed me that he had a concern on the H1B expiration date on my I-94. When I entered US last time, the CBP officer addressed the H1B expiration date in European fashion. So instead of mm/dd/yy (eg. 12/05/2008), the officer wrote dd/mm/yy (eg.05/12/2008). The lawyer's intial concern was that if someone interprets the date in dd/mm/yy, then I have overstayed in US, even though my I-797 shows 12/05/2008.
However when the lawyer contacted a nearby CBP office, he was informed that the officer who entered data in USIS database interpreted 05/12/2008 as 06/12/2008. Due to this error, my current H1B status is "overstay".
Identified solution:
The lawyer suggested that he can file two cases at the same time. One case is to correct the wrong date on my I-94 and issue a new one, the other case is to transfer my H1B from old employer to new employer.
Questions/concerns:
1. What's the odds for having cases like this approved?
2. In addition to lawyer's suggestion, are there any other options for me to have I-94 expiration date corrected and have H1B transfer approved asap?
3. At what stage in a job transfer, shall I start working for new employer, such as upon the transfer case is filed, upon a H1B transfer receipt is received, upon a H1B transfer is approved?
This is the post I put on Wenxuecity, but not sure if you have noticed it (also posted on Pjiang's blog). Thanks for your time.
Now H-1B five years and the H1 status will expire until mid 2008.
Last year reentered US via AP. Now parolee.
Didn't receive RFE of I-485 for 3 months.
Called USCIS one month later after RFE mailed out. Today, received mail from USCIS saying if still havn't received RFE call them again to ask for resend the RFE.
Contacted Senator's office and was told the I-485 case was forwarded to their clerical unit for abandonment denial.
So questions are if you are still not confused and know something about it:
1. Should I do extension of my H-1B ASAP for a back-up? When can my status change to H-1B from parolee? After the receipt notice of H1 extension or after approval of it?
2. During the period of 'motion to reopen' if I receive the denial notice, can I still work legally as H-1B?
yu1968 发表评论于
xiaobaitu,你好!
我是第一次来这里,我有个关于AP的问题想请教你.AP申请是否需要 A TRAVEL LETTER, 如果需要的话,是否一定需要雇主出具?