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Dear All,
So glad that I can finally discover this forum, and I am looking forward to hearing your kind advises for my hyper-questions as follows:
When I was still in H-4 last year, a company proposed to hire me and filed a H-1B on my behalf. However, the company couldn’t succeed to connect me to their client since; I did wait for them for quite a long while, and I finally left the US for Europe for several months. My H1-B was finally approved (I checked with the INS phone service later) during my absence. This year I retuned to the US as F1 (with a new I-94).
1/ Can I consider that my H1-B was abandoned? As I’d never worked for nor got pay from that company, and they’d never contacted since; or should I consider myself still in a valid H1-B status?
2/ My husband now got his I-140 approved, and we are preparing for the Change of Status (I-485…). Can I alone apply for EAD and AP while my husband does not? -- He wants to maintain his valid H1-B (till 2004) with the same employer, only he wonders whether he can travel outside the US and return with his H1-B, without having an AP nor an EAD?
3/ on the EAD form I-765, item 11: “Have you ever before applied for employment authorization from INS? Yes (If yes, complete below, INS Office, Results…) or NO”. To my understanding, H1-B is NOT an “employment authorization” but a “Petition for a Non-Immigrant Worker” Should I choose NO?
4/ Should I choose YES, give the INS Office name where my H1-B was filed on the second line, and on the third line, give a reference for an attaching explanation letter for my abandoned H1-B case?
Can anybody help? Many thanks in advance!
Sincerely,
So glad that I can finally discover this forum, and I am looking forward to hearing your kind advises for my hyper-questions as follows:
When I was still in H-4 last year, a company proposed to hire me and filed a H-1B on my behalf. However, the company couldn’t succeed to connect me to their client since; I did wait for them for quite a long while, and I finally left the US for Europe for several months. My H1-B was finally approved (I checked with the INS phone service later) during my absence. This year I retuned to the US as F1 (with a new I-94).
1/ Can I consider that my H1-B was abandoned? As I’d never worked for nor got pay from that company, and they’d never contacted since; or should I consider myself still in a valid H1-B status?
2/ My husband now got his I-140 approved, and we are preparing for the Change of Status (I-485…). Can I alone apply for EAD and AP while my husband does not? -- He wants to maintain his valid H1-B (till 2004) with the same employer, only he wonders whether he can travel outside the US and return with his H1-B, without having an AP nor an EAD?
3/ on the EAD form I-765, item 11: “Have you ever before applied for employment authorization from INS? Yes (If yes, complete below, INS Office, Results…) or NO”. To my understanding, H1-B is NOT an “employment authorization” but a “Petition for a Non-Immigrant Worker” Should I choose NO?
4/ Should I choose YES, give the INS Office name where my H1-B was filed on the second line, and on the third line, give a reference for an attaching explanation letter for my abandoned H1-B case?
Can anybody help? Many thanks in advance!
Sincerely,
