Pls help, 6 Yrs of H1 already expired?

[rashu96]

My 6 yrs of H1 have already expired in July I had filed for an extension beyond 6 yrs of H1 to re-capture my time outside US in last 6 yrs. My employer and the attorney told me that I am authorised to work and stay as long as my application is pending with INS.
My H1 extension beyond 6 yrs is not yet approved and INS sent an RFE notice to prove that I was really outside the US for that period. My PD is Oct 1997 and I-140 is pending for more than a year.
I want to know that Do I qualify under this new bill S2045?
Would INS allow me to convert the current H1 extension application into a 1 year extension and do not consider my over stay as out of status. To File a H1 extension you need a current approved H1 which I don\'t have yet, what would happen in such a case?

Please Reply.

Thanks.

 

[Rab Gemini]

No Title

Don\'t you worry. You are allowed to be grandfathered, which means even if INS at a later stage considers you to be staying out of status, you can file 245-I application & pay a penalty for overstaying illegally. You can find more about this on Murthy\'s web site..
You can adjust your status also..(After your dates become current..)

 Your P.D should be before JAN 15, 1998. You have to pay $1000 fine. There is another provision in the act - 245(k). This applies to peoplewith all P.Ds as long as 180 days of illegal stay or illegal work. Again this allows you to adjust status, if NOT caught by
INS.

Good luck..
Arun