Emergency: Pilot prohram with H1-B out of status proble

Z

zima2004

Registered Users (C)
My H1-B visa was out of status for nearly a year before I re-entered USA with a new H-4 visa. They denied my H-1 to H-4 transfer application because the file-in time was not immidiate after I was layed off(3 weeks after), so I had to left and came back again(tough, but lucky)

Now we are going to file in 140/485 concurrently, but I am really worried about if INS will be picky on the H-1 out of status period, anybody can give me advice. I have a valid H-4 visa, and new I-94.

Thanks alot!

Zima
 
One more important point

Before I left USA, I filed in a motion to re-open the denied case, and that motion is still pending there without any update for a year.

When I studied the 485 forms, I found I was required the fill the employment history and addresses in the last 5 years, I am just afraid of the pending motion will be found and theywill start questioning me from that point, it will take time to explain.

I am just windering if the motion was automaticly closed when I handed in my previous I-94 when I left.
 
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