t*******y 发帖数: 14 | 1 请大家看看这段话怎么理解,是不是说从只影响从J1身份转换到H1b身份这个过程,而
不影响H1b是否能被批准。现谢谢了。
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 | t*******y 发帖数: 14 | 2 这个是INSmemo HQ 70/6.2.9
status
【在 t*******y 的大作中提到】 : 请大家看看这段话怎么理解,是不是说从只影响从J1身份转换到H1b身份这个过程,而 : 不影响H1b是否能被批准。现谢谢了。 : 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.
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