Filing for H1 re-validation again

[helpreq]

My Visa/I-94 validity is from April 2002 - Sept2003

I came to US in Aug2002 and went back to India in April2003. I am on bench all this time. Came to US again in July 2003.

I got job in Aug2003 and new company filed my H1 and got approved in Aug2003(4 days before expiry of I94). I am continuosly in payroll from Aug2003 and filed 2003 returns also.

Till now I didnt realised that this H1 is not came with I-94 extension. As per that I have to go to India for visa stamping. When I contacted the company they told that it was done by mistake from attorney. They said H1 was filed as a new employement instead of new "Concurrent" and it got approved the same.


1. As I am in mission critical job in the company I cant able to go to India for stamping. Now is it possible to file my H1 again to get it re-validate in US

2. As this mistake is from Attorney, can we make a case against that attorney and use that case as starting point for correcting my status in US with INS

Is there any alternative methods are there to get my visa stamped in US or file for a new H1.

Appreciate your help in this.

 

[ginnu]

Originally posted by helpreq
My Visa/I-94 validity is from April 2002 - Sept2003

I came to US in Aug2002 and went back to India in April2003. I am on bench all this time. Came to US again in July 2003.

I got job in Aug2003 and new company filed my H1 and got approved in Aug2003(4 days before expiry of I94). I am continuosly in payroll from Aug2003 and filed 2003 returns also.

Till now I didnt realised that this H1 is not came with I-94 extension.
----- it means you were working illegaly and statying illegaly in US if you did not had valid I-94 and if your illegal stay was more than 6 months then 3 year bar starts. go to your lawyer ASAP.

As per that I have to go to India for visa stamping. When I contacted the company they told that it was done by mistake from attorney. They said H1 was filed as a new employement instead of new "Concurrent" and it got approved the same.


1. As I am in mission critical job in the company I cant able to go to India for stamping. Now is it possible to file my H1 again to get it re-validate in US
---NO
2. As this mistake is from Attorney, can we make a case against that attorney and use that case as starting point for correcting my status in US with INS
------ go to same lawyer for explanations who filed H1 as not Transfer but NEW H1 and never informed you. or go to other good lawyer and seek legal advice
Is there any alternative methods are there to get my visa stamped in US or file for a new H1.
---- you need very good lawyer explain your situation. I think you are in problems.
Appreciate your help in this.