Out of status question

S

Sand_999

Registered Users (C)
Good AM,

I was employed by a startup company between 2002 - 2004, out of which I only got paid for the last 6 months. I have pay stubs and checks since 2004. My I-94 was never expired and I had changed jobs twice since then.

My current employer has sponsored by Green Card. My labor and 140 is approved and 485 is pending. I never exited and entered the country after my first initial entry.

My questions are;

1. Will I be considered out of status between 2002 - 2004 by CIS?

2. If yes, If I go out of the country and come back would I be fine? I have heard that if I go out of the country and enter back again then CIS will only look at documents post that date. Is that correct even if I use AP to enter? or do I have to enter using H-1b?

Please advice
sam
 
Re-enter on H1B that will nullify your problem, do it ASAP. NOT using the advance payrole.

abhuda
--------------------
I am not an immigration lawyer. Take advise of immigration lawyer.
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Sand_999 said:
Good AM,

I was employed by a startup company between 2002 - 2004, out of which I only got paid for the last 6 months. I have pay stubs and checks since 2004. My I-94 was never expired and I had changed jobs twice since then.

My current employer has sponsored by Green Card. My labor and 140 is approved and 485 is pending. I never exited and entered the country after my first initial entry.

My questions are;

1. Will I be considered out of status between 2002 - 2004 by CIS?

2. If yes, If I go out of the country and come back would I be fine? I have heard that if I go out of the country and enter back again then CIS will only look at documents post that date. Is that correct even if I use AP to enter? or do I have to enter using H-1b?

Please advice
sam
Click to expand...
 
sunny_1010us

If some one is out of status, and then leave the US and re-enter using same visa the previous out of status clock stops. Because you re-entered legally. This could be possible even if I 485 is pending and there is a possibility of I 485 denial. One should NOT use advance payrole to re-enter, because it will make the person inadmissible for green card, means I 485 will be denied and there is no relif.

The conditions are:

1. You should have a valid visa (H1B) in your passport. Then leave the country (may be Canada) and re-enter. You will get new I 94. So if you get RFE on I 485 you should be fine.

Having I 485 pending, you can not enter on J1/J2, F1/F2, B1 or the non-immigrant visa which does not have dual intent (work and immigrate such as H1B, O1).

2. If you do not have valid H1B, you should be able to get H1B stamp and re-enter. However DS forms have question I guess -not sure about out of status and if out of status is >180 will be problem (will need to answer Yes) and consular officer may not give visa, and will be stucked.

3. If out of status is <180 days, there may not be a problem to get visa, not sure, and there will not be 3 year re-entry bar. If >180 days but less than 1 yr= 3 yr bar, >1 yr =10 yr bar.

4. In case of H4, if was not extended along with H1B, H4 could be brought in status in US by filing Nunc pro tunc through immg lawyer.

abhuda
----------
Please take advice of immigration lawyer, this was not leagal advice.
 
What will be considered as Out Of Status?

What will be considered as Out Of Status?

If having paychecks continuosly and valid H1B Status but I-94 expired(by mistake with technical issues) for 14 months. Is that Out of Status? What will happen to those cases?
 
wasapproved said:
What will be considered as Out Of Status?

If having paychecks continuosly and valid H1B Status but I-94 expired(by mistake with technical issues) for 14 months. Is that Out of Status? What will happen to those cases?
Click to expand...

I think having I 94 expired may be serious problem for adjudication of I 485. Because I 94 dictates stay in US, especially for all visa (H1, H4, B1 etc). Exceptions are J (J1/J2) and F (F1/F2) visa's that have I 94 marked as D/S. The D/S meaning, as long as as you have valid visa paper work after entering U.S. usually until you finish your training J1 postdoc etc or F1 study. I read that USCIS/DHS is thinking of putting certain end date on J and F visa's also in near future, instead of D/S.


A recent memo on 245 (k) has some special considerations for technical violations , if the applicant/alein had no control on it, see page # 6 of the memorandum (attached here). I am not sure if it will help.

Please check with your immig lawyer about your I 94 expiry.

abhuda
 
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