Greetings,
I am re-posting with some additional info as asked by fellow members and also a detail list of my question's(worries)
Below are the details of my case.
H1 Details -
Entered USA on H1B Jan - 2003
Currently working on H1 which has expired on Oct 31st 2008.
Extension applied in August 2008 and denied Feb 10th 2009
Extension was filed before the H1 had expired
EAD Details.
Labor and 140 approved in 2005
485 applied in 2007 and pending approval
EAD card 1 dates - 10/08/2007 to 10/07/2008 (I have gap in dates 10/07/2008 - 11/13/2008)
EAD card 2 dates - 11/13/2008 to 11/12/2010
---------------------
Reason for denial - The old H1 was under the old company name and the extension was filed under the new name.
A RFE was raised about the name and documents provided were not satisfactory , so they denied the H1 on Feb 10th 2009.
1) Is my stay in USA legal , since I am currently working on H1.
2) Is my employment status legal now? If not what should I do
3) Should I move to EAD , but if I do that will my employment from OCT31st until now will be legal. or will my employment between OCT 31st and November 13th be legal.
4) What other paper work I need to file to fix things and mitigate any impact on future immigration like my green card
5) Is the GAP in EAD dates a big deal , because I had filed for the extension before it expired.
6) Should I still pursue my H1 I am already past my six years since Jan 2009 or just give it up and work on EAD, or fix my H1 so clear my records and work on EAD, or FIX my H1 and work on my H1.
7) Any other possible fallout from this episode
8) My company plans to refile H1, is it a good idea and what else do I need from my company to fix things.
Thanks
I am re-posting with some additional info as asked by fellow members and also a detail list of my question's(worries)
Below are the details of my case.
H1 Details -
Entered USA on H1B Jan - 2003
Currently working on H1 which has expired on Oct 31st 2008.
Extension applied in August 2008 and denied Feb 10th 2009
Extension was filed before the H1 had expired
EAD Details.
Labor and 140 approved in 2005
485 applied in 2007 and pending approval
EAD card 1 dates - 10/08/2007 to 10/07/2008 (I have gap in dates 10/07/2008 - 11/13/2008)
EAD card 2 dates - 11/13/2008 to 11/12/2010
---------------------
Reason for denial - The old H1 was under the old company name and the extension was filed under the new name.
A RFE was raised about the name and documents provided were not satisfactory , so they denied the H1 on Feb 10th 2009.
1) Is my stay in USA legal , since I am currently working on H1.
2) Is my employment status legal now? If not what should I do
3) Should I move to EAD , but if I do that will my employment from OCT31st until now will be legal. or will my employment between OCT 31st and November 13th be legal.
4) What other paper work I need to file to fix things and mitigate any impact on future immigration like my green card
5) Is the GAP in EAD dates a big deal , because I had filed for the extension before it expired.
6) Should I still pursue my H1 I am already past my six years since Jan 2009 or just give it up and work on EAD, or fix my H1 so clear my records and work on EAD, or FIX my H1 and work on my H1.
7) Any other possible fallout from this episode
8) My company plans to refile H1, is it a good idea and what else do I need from my company to fix things.
Thanks