Gurus,
Please spare few mins in reading the following and help know my legal status.
I have been in the US for almost 8 years now. I came to US through a desi employer(Comp A) and had been with him for 7 years. He filed my 8th year extension the last day (May25th 2005) and started withholding salary indefinitely, at that time I had only H1B extension receipt and was waiting for the approval. This effected my job and I approached the American vendor (Comp B) and explained to him my problem. Company B was really upset with my employer and decided to transfer my H1 with the 8th year extension receipt and also gave me a EB2 preapproved labor.
Now I have some issues with the approvals dates of H1:
Comp A filed H1 8th year ext on May 25 2005. (7th year expired on May25th '05)
Comp B filed for transfer June 25th 2005 (based on comp A ext receipt) - I started to work for Comp B since this day.
Comp B H1 transfer approved July 8th 2005 with valid I94. (Valid from July 8th '05-- June 25 '06).
Comp A H1 ext approved on July 12th (must be from May26th '05 -- May25 '06, do not have the approval notice and cannot get it from Comp A)
I am concerned that about my status for the month of June 2005 as I have only the H1B receipt from Comp A and Comp A web approval notice that I submitted for 485 filing.
I reported loss of pay to the labor department and labor dept made sure that they received the money from the Comp A and paid me recently.
My 485 filed last September will be coming up next month for approval (PD July 2002).
I have also filed FOIA for the Comp A's H1B approval and it would take more than one year to get it.
I came across the following info from some other posting in the portal regarding Yates Memo.
Alien is in H-1B status. Employer A timely files a non-frivolous extension of the alien’s H-1B status. Alien’s original petition, approved for Employer A, expires during the pendency of the extension. Alien is then in a “period of stay as authorized by the Attorney General” while employer A’s extension is pending. Employer B then files new petition and alien wants to port to Employer B. Under INA § 214(n), the alien should be permitted to port because he or she is in a “period of stay as authorized by the Attorney General.” In other words, porting under INA §214 does not require that the alien currently be in H-1B status as long as he or she is in a “period of stay authorized by the Attorney General.”
Does this mean I was in status in June 2005 or do I need to wait for FOIA.
thanks,
Cksrp
Please spare few mins in reading the following and help know my legal status.
I have been in the US for almost 8 years now. I came to US through a desi employer(Comp A) and had been with him for 7 years. He filed my 8th year extension the last day (May25th 2005) and started withholding salary indefinitely, at that time I had only H1B extension receipt and was waiting for the approval. This effected my job and I approached the American vendor (Comp B) and explained to him my problem. Company B was really upset with my employer and decided to transfer my H1 with the 8th year extension receipt and also gave me a EB2 preapproved labor.
Now I have some issues with the approvals dates of H1:
Comp A filed H1 8th year ext on May 25 2005. (7th year expired on May25th '05)
Comp B filed for transfer June 25th 2005 (based on comp A ext receipt) - I started to work for Comp B since this day.
Comp B H1 transfer approved July 8th 2005 with valid I94. (Valid from July 8th '05-- June 25 '06).
Comp A H1 ext approved on July 12th (must be from May26th '05 -- May25 '06, do not have the approval notice and cannot get it from Comp A)
I am concerned that about my status for the month of June 2005 as I have only the H1B receipt from Comp A and Comp A web approval notice that I submitted for 485 filing.
I reported loss of pay to the labor department and labor dept made sure that they received the money from the Comp A and paid me recently.
My 485 filed last September will be coming up next month for approval (PD July 2002).
I have also filed FOIA for the Comp A's H1B approval and it would take more than one year to get it.
I came across the following info from some other posting in the portal regarding Yates Memo.
Alien is in H-1B status. Employer A timely files a non-frivolous extension of the alien’s H-1B status. Alien’s original petition, approved for Employer A, expires during the pendency of the extension. Alien is then in a “period of stay as authorized by the Attorney General” while employer A’s extension is pending. Employer B then files new petition and alien wants to port to Employer B. Under INA § 214(n), the alien should be permitted to port because he or she is in a “period of stay as authorized by the Attorney General.” In other words, porting under INA §214 does not require that the alien currently be in H-1B status as long as he or she is in a “period of stay authorized by the Attorney General.”
Does this mean I was in status in June 2005 or do I need to wait for FOIA.
thanks,
Cksrp