c***o
发帖数: 131 | 1 发现以下两种建议：
1.保留H-1B，一旦I-485被拒，还可以继续用H-1B留在美国工作。
2. 拿到EAD和AP后立即放弃H-1B（通过使用EAD、AP），将6年H-1B期限中没有用完的部
分留下来（to stop the H-1B 6 year clock）。一旦I-485被拒，立即申请新H1，
recapture unused H1B period，这样可以以新H-1B留在美国继续工作。持这种观点的
人甚至认为第1种做法在H-1B超过6年后不可靠，因为一旦I-485被拒，依靠I-140延的6
年后的H-1B无效。见http://www.immigration-information.com/forums/adjustment-of-status-13/maintaining-h-status-while-awaiting-aos-5293/
两种观点导致两种截然相反的做法，不知大家有何建议？ | T*******y
发帖数: 6523 | 2 That's a very good question.
Opinions on this board seem to prefer 1, but if 2 is true, then why should they go for 1?
My lawyer used to mention this briefly that from AOS to H1, we may have to get the visa stamp in a third country, rather than filing change of status.
I haven't checked out any relevant documents, and I am looking forward to hearing some experiences regarding this. | B**n
发帖数: 527 | | c**2
发帖数: 8496 | 4 1. the approved H1 is valid until it expires, even if I-485 denied. However,
you can no longer get another extension if H1 beyond 6 years limit after I-
485 denial.
2. Your H1 6-year clock is still going until H1 I-797 expires, unless
employer notifies USCIS to revoke your H1, or you change job without H1
transfer. Otherwise USCIS won't accept your claim that you use EAD but not
H1. | T*******y
发帖数: 6523 | 5 So basically there's no automatic or easy way to stop the clock for H1.
Well, if the employer did revoke the H1 when the employee used his/her EAD, could he/she change back to H1 from EAD while within US? How long does that take? What's the status of the employee while waiting for this transition?
However,
I-
not
【在 c**2 的大作中提到】
: 1. the approved H1 is valid until it expires, even if I-485 denied. However,
: you can no longer get another extension if H1 beyond 6 years limit after I-
: 485 denial.
: 2. Your H1 6-year clock is still going until H1 I-797 expires, unless
: employer notifies USCIS to revoke your H1, or you change job without H1
: transfer. Otherwise USCIS won't accept your claim that you use EAD but not
: H1.
| c***o
发帖数: 131 | 6
However,
I-
not
How about stop H-1B clock by using AP to enter US. The "AOS" status is
printed on I-94 card for AP.
【在 c**2 的大作中提到】
: 1. the approved H1 is valid until it expires, even if I-485 denied. However,
: you can no longer get another extension if H1 beyond 6 years limit after I-
: 485 denial.
: 2. Your H1 6-year clock is still going until H1 I-797 expires, unless
: employer notifies USCIS to revoke your H1, or you change job without H1
: transfer. Otherwise USCIS won't accept your claim that you use EAD but not
: H1.
| g****x
发帖数: 3862 | 7 no, using AP doesn't automatically end your H1B. On the other hand, people
take advantage of this maintaining H1B while using AP to go back to home
country.
【在 c***o 的大作中提到】
:
: However,
: I-
: not
: How about stop H-1B clock by using AP to enter US. The "AOS" status is
: printed on I-94 card for AP.
| c**2
发帖数: 8496 | 8 If you keep working for your H1 sponsor during H1 valid period, the H1 clock
continues.
If you have no H1 (either revoked,I-797 expired without extension pending,
or change job without H1 transfer) and not changed to other non-immigrant
status, you only have AOS and cannot change to a non-immigrant status in US
(no new I-94 will be attached to the I-797) for you.
, could he/she change back to H1 from EAD while within US? How long does
that take? What's the status of the employee while waiting for this
transition?
【在 T*******y 的大作中提到】
: So basically there's no automatic or easy way to stop the clock for H1.
: Well, if the employer did revoke the H1 when the employee used his/her EAD, could he/she change back to H1 from EAD while within US? How long does that take? What's the status of the employee while waiting for this transition?
:
: However,
: I-
: not
| i*****3
发帖数: 595 | 9 485被拒，待美国干吗。迟早得回，还不如早点呢。 |
|
