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What Does Erfen Hernandez Letter States?

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  • What Does Erfen Hernandez Letter States?

    Does anybody has clear idea about Erfen Hernandez letter. It is related to traveling abroad when H1 (status change) application is pending. Any information is appreciated.

  • #2
    Hernandez letter

    Does anybody has clear idea about Erfen Hernandez letter. It is related to traveling abroad when H1 (status change) application is pending. Any information is appreciated.

    Refer to the Link below and the brief notes on ******'s website

    Subramanya
    ******dotcom/news/n_cosapp

    Travel after Change-of-Status Approval with Future Start Date
    Posted May 06, 2005
    The USCIS has clarified the issue regarding the continued validity of a previously filed and approved change-of-status petition with a future start date, when a person travels abroad after such approval but seeks to enter on a prior status.

    This guidance should not be confused with the rule that a person who travels abroad and attempts to reenter the United States while a change of status is pending abandons the request for the change of status. In the question posed, the petition and the change of status had been approved before the person departed the U.S. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic presumably could apply.

    Conclusion
    This Hernandez letter is another helpful clarification on an issue that was previously not entirely clear. The conclusion is logical and it avoids the need for employers or individuals to make additional, extraneous filings or the need to travel abroad again to get back into legal status.
    Last edited by Subramanya; 05-22-2007, 04:55 PM.

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