t*******y 发帖数: 14 | 1 在学校的ISC花钱办的转换申请,已经收到了I-797C,一周前还办了加急,但到今天还
是没有被Approved。现在有急事要马上回国,这样会影响H1b批准吗?学校ISC的人不建
议离开, 依据是下面这段话,
A nonimmigrant who travels abroad while an application for change of status
to H-1B is pending is considered to have abandoned the change of status
portion of the petition.
INS memo HQ 70/6.2.9, Tom Cook (June 18, 2001).
Only the change of status portion of the H-1B application is affected by
travel, though. If the H-1B petition is later approved by USCIS, and the
alien is still abroad, he or she can apply for an H-1B visa at a U.S.
consulate and then enter the United States in H-1B status.
If an alien who departed the United States while an application for change
to H-1B status was pending reenters the United States in another
nonimmigrant category, he or she is not considered to be in H-1B status even
if USCIS subsequently approves the change of status request that was
pending at the time of the alien's departure. In that case, the alien would
either have to exit the United States with the approval notice, obtain an H-
1B visa and then reenter in H-1B status, or have the employer file a new
Form I-129 requesting a change of status once more. The latter course of
action could be difficult, as immigration inspectors may infer preconceived
intent on the part of the
这段话到底该怎么理解?尤其是Only the change of status portion of the H-1B
application is affected by travel, though.是不是说只有这个portion回受影响,
不影响H1b的Approval?先谢谢了。 | s**u 发帖数: 9035 | 2 if you leave USA, you need a new H1B visa to enter USA, you need make an
appointment to US embassy(Consulate)in China from now.
status
【在 t*******y 的大作中提到】 : 在学校的ISC花钱办的转换申请,已经收到了I-797C,一周前还办了加急,但到今天还 : 是没有被Approved。现在有急事要马上回国,这样会影响H1b批准吗?学校ISC的人不建 : 议离开, 依据是下面这段话, : A nonimmigrant who travels abroad while an application for change of status : to H-1B is pending is considered to have abandoned the change of status : portion of the petition. : INS memo HQ 70/6.2.9, Tom Cook (June 18, 2001). : Only the change of status portion of the H-1B application is affected by : travel, though. If the H-1B petition is later approved by USCIS, and the : alien is still abroad, he or she can apply for an H-1B visa at a U.S.
| t*******y 发帖数: 14 | 3 Thanks a lot. So the approval of my H1b petition will not be affected by my
leaving, right? Yes, I will apply for a new H1b visa after I receive the
approval notice. Thanks again.
【在 s**u 的大作中提到】 : if you leave USA, you need a new H1B visa to enter USA, you need make an : appointment to US embassy(Consulate)in China from now. : : status
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