H1B in 8th year - in status or out of status

K

krakow007

Registered Users (C)
Hello experts,
I have a question about what I should consider my H1b current status to be based on these following facts :confused:

1.) Entered US first time on 3 yr H1 for employer A in Feb 1998
2.) Employer A filed 2 labor certs during the dot com bust and at least one was rejected(empl. claimed that the other one was "lost")
3.) Employer A filed for H1b extension which was valid till Feb 2004
4.) Quit Employer A and joined employer B in Oct 2002 and got an H1 till Oct 2005
5.) Married - spouse was a LPR and filed i-130 on Jan 2004
6.) Employer B filed labor cert in Jul 2004, still not approved
6.) i.130 through spouse was approved Aug 2nd 2005

As I'm getting ready to file i-485, I would like to find out if I'm "in status" or not. Based on that I need to file a supplemental 485 too. What do you all think of this case. Am I still in status or would I be better off consulting a lawyer ? I want to make sure that nothing that I do now would impact me when I apply for citizenship down the line.

Thanks for your opinions
Regards
 
krakow007 said:
Hello experts,
I have a question about what I should consider my H1b current status to be based on these following facts :confused:

1.) Entered US first time on 3 yr H1 for employer A in Feb 1998
2.) Employer A filed 2 labor certs during the dot com bust and at least one was rejected(empl. claimed that the other one was "lost")
3.) Employer A filed for H1b extension which was valid till Feb 2004
4.) Quit Employer A and joined employer B in Oct 2002 and got an H1 till Oct 2005
5.) Married - spouse was a LPR and filed i-130 on Jan 2004
6.) Employer B filed labor cert in Jul 2004, still not approved
6.) i.130 through spouse was approved Aug 2nd 2005

As I'm getting ready to file i-485,

What basis? Latest priority date is 22 Jul 2001

I would like to find out if I'm "in status" or not. Based on that I need to file a supplemental 485 too. What do you all think of this case. Am I still in status or would I be better off consulting a lawyer ? I want to make sure that nothing that I do now would impact me when I apply for citizenship down the line.

Thanks for your opinions
Regards
Click to expand...
 
I got an email notification from USCIS that my case for i-130 was approved and a notice of approval was mailed to me yesterday.

HTH
 
krakow007 said:
I got an email notification from USCIS that my case for i-130 was approved and a notice of approval was mailed to me yesterday.

But your category, spouse of LPR date is not current. You can not file your I 485 until it is current. Now year 2001 (July) is only going on.
HTH
Click to expand...
 
Oh, is that so ? I apologize then, I was under the impression somehow that approval of 130 signifies the availability of a visa number which enables me to apply. But it sounds like i-130 just allows me to apply *when* a visa number is available. Can you confirm that that is case ?
If so then my wife is waiting for her naturalization oath letter (finished interview and is awaiting scheduling for oath) and as soon as she takes her oath, I can apply immediately I presume.
 
krakow007 said:
Oh, is that so ? I apologize then, I was under the impression somehow that approval of 130 signifies the availability of a visa number which enables me to apply. But it sounds like i-130 just allows me to apply *when* a visa number is available.

1 130 is just underlying application which establishes relationship and category only.

So many people are waiting so many years ( 20 years) in different category to file their I 485 after their I 130 approvals.

Your wait time may be 3 to 5 years minimu. Plan accordingly, Until than you have to maintain your non immigrant status. H1 or L1 etc.
Other wise , if your spouse get her citizenship, the situation may change you can file your I 485 immediately, there is no waiting time.

Can you confirm that that is case ?
If so then my wife is waiting for her naturalization oath letter (finished interview and is awaiting scheduling for oath) and as soon as she takes her oath, I can apply immediately I presume.
Click to expand...
 
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