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Which Status? (Immigration Law)
Wed, 30 Jun 2004 20:07:00 GMTI was in H1B and it has expired in March 2003 (I-94 also expired same
date). My employer filed for extension in February 2003 itself.
Meanwhile I applied for I-140/I-485/EAD/AP through my spouse (medical
field!!), I sent my Receipt notice of H1 renewal with the application.
Anyway, we got our EAD and AP in January 2004. Immediately after that, I
left my employer and moved to a new place. My spouse started working for
the sponsor and presently I am looking for a job. My spouses I-140 got
approved in March 2004. Eventually I learned that in sometime in January
my H1 also got approved. I not collected that from my previous employer.
My questions are:
1 Whether I have to collect that approved H1?
2 Our
I-94 is expired, is it cause a problem, anytime in the future?
3 Whether
I have worry about H1 status in case there is an interview for AOS?
4 If
our I-94 is expired, are we out of status?
5 We not submitted the
medical examination form along with the I-485 applications (we have
receipt notice of I-485), Is it cause a problem?
Thanks,
JJB
--
JJB
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- Tue, 06 Jul 2004 09:58:00 GMT(1)
- "JJB" <member26122@lawknowledge.org.british_expats.com> wrote in message
news:1516436.1088995350@lawknowledge.org.britishexpats.com... Originally posted by Sylvia Ottemoeller
"JJB" <member26122@lawknowledge.org.british_expats.com> wrote in message
news:15097291088651224@lawknowledge.org.britishexpats.com"]news:1509729.1088651224@lawknowledge.org.britishexpats.com[/url]... I was in H1B and it has expired in March 2003 (I-94 also expired same date). My employer filed for extension in February 2003 itself. Meanwhile I applied for I-140/I- 485/EAD/AP through my spouse (medical field!!), I sent my Receipt notice of H1 renewal with the application. Anyway, we got our EAD and AP in January 2004. Immediately after that,
I left my employer and moved to a new place. My spouse started working for the sponsor and presently I am looking for a job. My spouse's I-140
got approved in March 2004. Eventually I learned that in sometime in
January my H1 also got approved. I not collected that from my previous
employer. My questions are: 1 Whether I have to collect that approved H1? There is no such thing as "collecting" an H-1B. When you left the job
you violated the terms of the H-1B, and the employer should have withdrawn
the petition. There is one odd thing. Apparently the H-1B extension petition took a
year from filing to approval -- it could have taken less, but you did not
hear about it. You only have 240 days of employment authorization (after the expiration of the valid status) based on a pending H-1B extension
petition. You therefore may have been working in violation of status between about November 2003 and January 2004. However, you have "forgiveness" for up
to 6 months of unauthorized employment under 245(k), if your I-485 is based
on an employment-based immigrant petition, which yours was. 2 Our I-94 is expired, is it cause a problem, anytime in the future? If the I-485 was properly filed before the I-94 expiration date, no. 3 Whether I have worry about H1 status in case there is an interview
for AOS?
Probably not, but judging by other elements of your case that you have mentioned, it is probably a good idea to have a competent immigration attorney review all the facts of your case and all your paperwork.
4 IF our I-94 is expired, are we out of status? Same as answer to #2.
for my questions 2 (Our I-94 is expired, is it cause a problem, anytime in the future?) you answered "If the I-485 was properly filed before the I-94 expiration date, no." Infact March 15th our Visa as well I-94 expired. In May only we filled for AOS? That why I send H1 renewal receipt notice along with AOS application. Is this means there is a problem?
My answer is correct, but does not address your situation. I should have
said, "If the I-485 was properly filed before the I-94 expiration date, or
before the expiration of authorized stay, then the expired I-94 will not
cause a problem. The period of authorized stay may be based on a timely
filed, nonfrivolous application for extension of status."
It appears that you are O.K., because the H-1B extension petition filing
gave you 240 days of authorized stay, and before that 240 days was over, the
I-485s were filed. - Fri, 02 Jul 2004 08:13:00 GMT(2)
- Please somebody help me.
Thanks in advance,
JJB
Originally
posted by JJB I was in H1B and it has expired in March 2003 (I-94
also expired same date). My employer filed for extension in February
2003 itself. Meanwhile I applied for I-140/I-485/EAD/AP through my
spouse (medical field!!), I sent my Receipt notice of H1 renewal with
the application. Anyway, we got our EAD and AP in January 2004.
Immediately after that, I left my employer and moved to a new place. My
spouse started working for the sponsor and presently I am looking for a
job. My spouses I-140 got approved in March 2004. Eventually I learned
that in sometime in January my H1 also got approved. I not collected
that from my previous employer. My questions are: 1 Whether I
have to collect that approved H1? 2 Our I-94 is expired, is it cause a
problem, anytime in the future? 3 Whether I have worry about H1 status
in case there is an interview for AOS? 4 If our I-94 is expired, are
we out of status? 5 We not submitted the medical examination form
along with the I-485 applications (we have receipt notice of I-485), Is
it cause a problem? Thanks,
JJB
--
JJB
Posted via http://britishexpats.com - Sun, 04 Jul 2004 19:42:00 GMT(3)
- Originally posted by Sylvia Ottemoeller "JJB"
<member26122@lawknowledge.org.british_expats.com> wrote in message news:1509729.-
1088651224@lawknowledge.org.britishexpats.com"]news:1509729.1088651224@lawknowledge.org.britishexpats.com-
[/url]... I was in H1B and it has expired in March 2003 (I-94
also expired same date). My employer filed for extension in
February 2003 itself. Meanwhile I applied for I-140/I-
485/EAD/AP through my spouse (medical field!!), I sent my
Receipt notice of H1 renewal with the application. Anyway,
we got our EAD and AP in January 2004. Immediately after that, I left my employer and moved to a new place. My spouse started
working for the sponsor and presently I am looking for a
job. My spouse's I-140 got approved in March 2004.
Eventually I learned that in sometime in January my H1 also
got approved. I not collected that from my previous employer. My questions are: 1 Whether I have to collect that
approved H1? There is no such thing as "collecting" an H-1B.
When you left the job you violated the terms of the H-1B, and the
employer should have withdrawn the petition. There is one odd
thing. Apparently the H-1B extension petition took a year from filing
to approval -- it could have taken less, but you did not hear about
it. You only have 240 days of employment authorization (after the
expiration of the valid status) based on a pending H-1B extension
petition. You therefore may have been working in violation of status
between about November 2003 and January 2004. However, you have
"forgiveness" for up to 6 months of unauthorized employment under
245(k), if your I-485 is based on an employment-based immigrant
petition, which yours was. 2 Our I-94 is expired, is it cause
a problem, anytime in the future? If the I-485 was properly
filed before the I-94 expiration date, no. 3 Whether I have
worry about H1 status in case there is an interview for AOS?
Probably not, but judging by other elements of your case that you have
mentioned, it is probably a good idea to have a competent immigration
attorney review all the facts of your case and all your paperwork. 4 IF our I-94 is expired, are we out of status? Same as
answer to #2. 5 We not submitted the medical
examination form along with the I-485 applications (we have
receipt notice of I-485), Is it cause a problem? This will
probably cause a problem. The USCIS will have to request that you
submit the medical exams, and your case will be delayed. It is
unlikely that you had a good immigration attorney assisting with your
wife's case, because even mediocre attorneys know that all employment-
based I-485s *must* have the medical exam submitted together with the
I-485.
Thank you very much Sylvia. Appreciated.
for my
questions 2 (Our I-94 is expired, is it cause a problem, anytime in the
future?) you answered "If the I-485 was properly filed before the I-94
expiration date, no."
Infact March 15th our Visa as well I-94 expired.
In May only we filled for AOS? That why I send H1 renewal receipt notice
along with AOS application. Is this means there is a problem?
Thanks
in advance..
JJB
--
JJB
Posted via http://britishexpats.com - Tue, 06 Jul 2004 10:47:00 GMT(4)
- Originally posted by Sylvia Ottemoeller "JJB"
<member26122@lawknowledge.org.british_expats.com> wrote in message news:1516436.-
1088995350@lawknowledge.org.britishexpats.com"]news:1516436.1088995350@lawknowledge.org.britishexpats.com-
[/url]... Originally posted by Sylvia Ottemoeller "JJB" <member26122@lawknowledge.org.british_expats.com> wrote in message news:15097291088651224@lawknowledge.org.britishexpats.com"]news:150-
97291088651224@lawknowledge.org.britishexpats.com[/url]"]news:1509729.1088651224@lawknowledge.org.b-
ritishexpats.com[/url"]news:1509729.1088651224@lawknowledge.org.britishexpats.com-
[/url]... > I was in H1B and it has expired in
March 2003 (I-94 also expired same > date). My employer
filed for extension in February 2003 itself. > Meanwhile
I applied for I-140/I- 485/EAD/AP through my spouse (medical field!!), I sent my Receipt notice of H1 renewal with the
application. > Anyway, we got our EAD and AP in January
2004. Immediately after that, I left my employer and
moved to a new place. My spouse started working for > the
sponsor and presently I am looking for a job. My spouse's I-140
got > approved in March 2004. Eventually I learned that in
sometime in January > my H1 also got approved. I not
collected that from my previous employer. My questions are: > 1 Whether I have to collect that
approved H1? There is no such thing as
"collecting" an H-1B. When you left the job you
violated the terms of the H-1B, and the employer should have
withdrawn the petition.
There is one odd thing. Apparently the H-1B extension petition took
a year from filing to approval -- it could have taken
less, but you did not hear about it. You only have 240
days of employment authorization (after the expiration of
the valid status) based on a pending H-1B extension petition. You therefore may have been working in violation of status
between about November 2003 and January 2004. However,
you have "forgiveness" for up to 6 months of
unauthorized employment under 245(k), if your I-485 is based on
an employment-based immigrant petition, which yours was.
> 2 Our I-94 is expired, is it cause a
problem, anytime in the future? If the I-
485 was properly filed before the I-94 expiration date, no. > 3 Whether I have worry about H1 status in case there
is an interview for AOS? Probably not,
but judging by other elements of your case that you have
mentioned, it is probably a good idea to have a competent
immigration attorney review all the facts of your case
and all your paperwork. 4 IF our I-94 is expired, are
we out of status? Same as answer to
#2. for my questions 2 (Our I-94 is
expired, is it cause a problem, anytime in the future?) you
answered "If the I-485 was properly filed before the I-94
expiration date, no." Infact March 15th our Visa as well
I-94 expired. In May only we filled for AOS? That why I
send H1 renewal receipt notice along with AOS application.
Is this means there is a problem? My answer is correct, but
does not address your situation. I should have said, "If the I-485
was properly filed before the I-94 expiration date, or before the
expiration of authorized stay, then the expired I-94 will not cause a
problem. The period of authorized stay may be based on a timely
filed, nonfrivolous application for extension of status." It
appears that you are O.K., because the H-1B extension petition filing
gave you 240 days of authorized stay, and before that 240 days was over,
the I-485s were filed.
Thank you for your precise answer.
Thank you very much.
JJB
--
JJB
Posted via http://britishexpats.com - Sun, 04 Jul 2004 15:55:00 GMT(5)
- "JJB" <member26122@lawknowledge.org.british_expats.com> wrote in message
news:1509729.1088651224@lawknowledge.org.britishexpats.com...
I was in H1B and it has expired in March 2003 (I-94 also expired same date). My employer filed for extension in February 2003 itself. Meanwhile I applied for I-140/I-485/EAD/AP through my spouse (medical field!!), I sent my Receipt notice of H1 renewal with the application. Anyway, we got our EAD and AP in January 2004. Immediately after that, I left my employer and moved to a new place. My spouse started working for the sponsor and presently I am looking for a job. My spouse's I-140 got approved in March 2004. Eventually I learned that in sometime in January my H1 also got approved. I not collected that from my previous employer. My questions are: 1 Whether I have to collect that approved H1?
There is no such thing as "collecting" an H-1B. When you left the job you
violated the terms of the H-1B, and the employer should have withdrawn the
petition.
There is one odd thing. Apparently the H-1B extension petition took a year
from filing to approval -- it could have taken less, but you did not hear
about it. You only have 240 days of employment authorization (after the
expiration of the valid status) based on a pending H-1B extension petition.
You therefore may have been working in violation of status between about
November 2003 and January 2004. However, you have "forgiveness" for up to 6
months of unauthorized employment under 245(k), if your I-485 is based on an
employment-based immigrant petition, which yours was.
2 Our I-94 is expired, is it cause a problem, anytime in the future?
If the I-485 was properly filed before the I-94 expiration date, no.
3 Whether I have worry about H1 status in case there is an interview for
AOS?
Probably not, but judging by other elements of your case that you have
mentioned, it is probably a good idea to have a competent immigration
attorney review all the facts of your case and all your paperwork.
4 IF our I-94 is expired, are we out of status?
Same as answer to #2.
5 We not submitted the medical examination form along with the I-485 applications (we have receipt notice of I-485), Is it cause a problem?
This will probably cause a problem. The USCIS will have to request that you
submit the medical exams, and your case will be delayed.
It is unlikely that you had a good immigration attorney assisting with your
wife's case, because even mediocre attorneys know that all employment-based
I-485s *must* have the medical exam submitted together with the I-485.
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