Enmergeny: 485/140/EDA file in with H1 out of status problem

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
 
I think you should be fine...

I am not 100% sure but I think they check the status from last lawful entry. If the immigration officer let you in and stamped your passport, I think you should be fine. But do ask some lawyer too..
 
No Panic for this.

yes, the latest one will be taken into consideration.
There is no need to panic
 
Thank you guys very much! and I forgot to mention

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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