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Laid off while I-140 pending.

Dear Rajiv,
I am on my 4th year h1b and filed my I-485 and I-140 last year July 2007.

I am on my h1b and got laid off while I-140 is pending since July 9 2007. My PD is Jun1 19 2007.

My question is can I use my EAD recently approved for 2 years.

What are the options I have if something were to happen to my pending I-140.

My employer is revoking my h1b in 1 month. Do I ever be out of status even my I-485 is pending? My company's attorney says that she doesn't see any problem with the pending I-140.

I honestly appreciate your advise.
H1-B Approval received without I-94

Hi Rajiv Khanna,

Thanx in advance for taking my question

Currently, I am working for company name X for since June,16th 2008 and recieved 797-B instead of 797-A where in there is no I-94 in the bottom of H1-B approval notice.

Currently, I am seeking a new position with Prospective employer and willing to do H1-B transfer but Prospective Employer Attorney refused to do so unless valid I-94 is available.

given the scenario, I have filed H1-B amendment with USCIS on Oct,21 in Premium Processing and awaiting for approval with I-94 and not recieved EAC/WAC receipt number yet.

Question is :

1. Am I out of Status and still accumulating Out of Status days till I recieve H1-B amendment approved with I-94.

2. Can I travel to India for Chennai Consulate Stamping where my Home State is Andhra Pradesh, India as drastic measure not to reach 180 days on Out of Status

3. Can I go ahead and start H1-B transfer with my prospective employer and if the case is Yes, I would like hire your services

4. My wife & son for whom we have filed H4 transfer with my current employer since 2 months, we are awaiting Receipt Number or Approval of my wife & son H4

Once again, Me & my family appreciate your Help and helping out especially we are getting different opinions from our company attorney and other attorneys we speak.

... Software Engineer


I came to US on Jan 2007 as a H4 visa holder which is valid until sept 2009. oct 2007 i got H1b approval. but not yet get stamping .sept 2007 i delivered baby. hence i couldnt get any projects and till now i dont have any pay stubs. now i need to go to India urgently for personal reasons and need to come back again after 3 months.

obviously i can't go for H1b stamping since i dont have paystubs

when i return to US can I use my H4 visa.

If yes what happened to my SSN . can i use after coming here in H4

please clarify me.


Registered Users (C)
n-400 issue

hi rajiv,

I filled my N-400 in 2002, and interviewed in Feb.03, my application was denied last month after waiting 5 years period, the denied me on the grounds of moral character when I was stopped by the police back in 1999 I was found guilty for give a false name, I got a day probation from judge. before they deny my case they also requested that I provide additional documents within 30 days. one of the documents I can attain it only in my country, I took a while for me to receive it, also I went out of the country after I waited for the document to come. the document came 3 days before the deadline while I was overseas. the mail came because I wasn't there my wife cannot accept the mail from the post office because my name bare on the slip. now can I appeal for this case due to me been absent, or what will be my waiting period if I have to reapply my N-400 because the arrest was in 1999 and the denial is in october 08 or what will be my other option?
Thank you all.

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Good morning Mr Khanna:
I have tried to post my thread in the conference call questions, but could not.
Here is my question for you:
I have this conundrum and was hoping to get some advice from you. My H-1B visa (full 6 years), expires in January 2010. My labor will be filed in January 2009. I would like to go back to school full time in Fall 2009 (MS). My understanding is that this is possible if I-140 has not been filed. I would have about 5 months of H-1B time remaining if I start on F-1 in August 2009. After I graduate, start a new job on a new one year OPT, would that be enough time to start a new GC processing without having to go back home for a year? FYI, my new job would be on a completely different field from what i am working on right now. Would i be able to use the priority date from this labor toward the next one?
Your input would mean a lot to me

Looking forward to talking to you tonight


Staff member

I am an international student in F1 visa status currently pursuing Masters. My F-1 visa got expired in May 2007 but my I-20 is valid until May 2009. I got married with a person who got his Green Card after 1 week of our marriage according to Hindu religion that means we have not yet registered for marriage in the United States. Therefore, here are my questions:

1. What would you recommend for me to be in status (legal) after May 2009?

2. From my side I can apply for H1 which is lottery system and very difficult. What would you recommend from his side?

3. What are our options since we want to stay together?

I would appreciate for your reply.
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