Gurus, pls. help. H1B1 cancellation

[Penguin]

Hello to all.

Company A petitioned (H1b1) me as Health Services Administrator which was approved March 2004. I am now a Registered Nurse working in the same facility, salary was not the same as filed (much lower). My husband went for his H4 interview yesterday. In my Letter of Employment, I requested my petitioner to put the approved job title but refused instead wrote...."Maria is Registered Nurse employed in this facility since 03-04".....(without mentioning the approved job title). The consul didn't return my original I-797 (H1B approval) and said he will forward it to USBCIS because i should not worked as Registered Nurse in Co. A. He said i am already out of status and will send me back home. What does this mean? Will i be out of status once they cancelled my H1B? When is the start date i accrue illegal status? I waitied for 1yr. 9 mos for my H1B1 to be approved and i don't think i deserved this.

Company B filed my I140 (EB3) last April 2004. Will this also be affected and get denial bec. of what happened? OR will this save me from getting deported?What are other options can you suggest to avoid deportation. Sorry i have many questions.I am really devastated. Your opinion/advice is greatly appreciated. Thank you....

 

[ginnu]

Hello to all.

Company A petitioned (H1b1) me as Health Services Administrator which was approved March 2004. I am now a Registered Nurse working in the same facility, salary was not the same as filed (much lower). My husband went for his H4 interview yesterday. In my Letter of Employment, I requested my petitioner to put the approved job title but refused instead wrote...."Maria is Registered Nurse employed in this facility since 03-04".....(without mentioning the approved job title). The consul didn't return my original I-797 (H1B approval) and said he will forward it to USBCIS because i should not worked as Registered Nurse in Co. A. He said i am already out of status and will send me back home. What does this mean? Will i be out of status once they cancelled my H1B? When is the start date i accrue illegal status? I waitied for 1yr. 9 mos for my H1B1 to be approved and i don't think i deserved this.
-----A petition approved for H1B, what was your status in US before H1B???? did you file H1B in US while you were in US?if yes what was your status in US before March 2004 in US? need full details of your background
Company B filed my I140 (EB3) last April 2004. Will this also be affected and get denial bec. of what happened? OR will this save me from getting deported?
--- do you mean company B directly filed your I-140 or it is based on approved LC?? FYI filing I-140 or approval of I-140 does not give you any status to stay in US. The Best thing for you is if you have got I-140 filing reciept just file I-485 with I-140 pending reciept, once I-485 is filed and you get I-485 filing reciept you will be in Adjustment of pending status and you can stay till I-485 gets approved, dont forget to file EAD, AP with I-485

What are other options can you suggest to avoid deportation. Sorry i have many questions.I am really devastated. Your opinion/advice is greatly appreciated.
----- better you go to a v.good lawyer with all the details of your cae how you came or did you file from other status to H1 status

Thank you....

 

[Penguin]

H1B1 cancelation

Dear Ginnu,

First of all, thank you for your reply. I really appreciated it.

I entered US in 2001 using my B1B2 multiple tourist visa. Got approved extensions of stay and files H1B1 working visa in June 2002 here in US just before the expiration of my last extension. I waited for almost 1 yr 9 mos to get it approved with new I94 attached til July 2005. Now that i passed my Nursing exam, a big hospital files my I140 last April 2004 and still pending. I am just waiting for my EAD to start to work in Company B and leave Co. A bec. they are not supportive of me and put me in this trouble. Registered Nurses are exempted from the long process of LC.

My question is: what is the chance my I140 & I485 will get approve if i am out of status? Thanks so much. God bless you, Ginnu!!!

 

[paulo27]

Dear Ginnu,

First of all, thank you for your reply. I really appreciated it.

I entered US in 2001 using my B1B2 multiple tourist visa. Got approved extensions of stay and files H1B1 working visa in June 2002 here in US just before the expiration of my last extension.

I waited for almost 1 yr 9 mos to get it approved with new I94 attached til July 2005. - also very unique situation as most h1b takes 3-6 mos and one year at most unless your H1 was not based on a bachelor's degree but on skill or experience.

Now that i passed my Nursing exam, a big hospital files my I140 last April 2004 and still pending. I am just waiting for my EAD to start to work in Company B and leave Co. A bec. they are not supportive of me and put me in this trouble. Registered Nurses are exempted from the long process of LC.

My question is: what is the chance my I140 & I485 will get approve if i am out of status? Thanks so much. God bless you, Ginnu!!!
- if you are from India, philippines or china, you're out of luck... you won't be able to adjust status for a few years still...
- if you're not subject to retrogression, you must not be out of status for more than 180 days in order to adjust status. If USCIS decides you were out of status from the time your B1B2 visa expired then you' have no choice but to apply for a waiver of excludability which is impossible to obtain. And since it's been 3 years, you could be barred from US for 10 years... OUCH..
- you were obviously violating your h1b and you knew it... which is why you need to be careful as everything you do will come back to haunt you... sorry, you should have been more careful.
- Your best bet is to fight the cancellation of your H1B. If you can prove that you were working legitimately according to your h1B at least for the last 6months (meaning you were out of status less than 6 months from the receipt date on your application), then you can get your 485 approved, and EAD released.
- It also takes a while for USCIS Judge to determine when you were out of status, if you have already filed a 485 concurrently (assuming your not from the 3 countries mentioned) and you have a copy of your i-94 stating status until July 2005, then you have a chance of getting approved.... or at least getting an EAD... but there will always be a chance that when you get your immigration interview for greencard that this can come back to haunt you....
- you obviously have been gambling with your future the way you have done things, in the future try and stick to the rules and follow them closely... and read all letters sent by employers to USCIS to make sure they are consistent with the truth, otherwise USCIS will flag it for fraud and put you in investigation.
- there is an unfortunate side effect of the whole thing, your husband wont be able to join you for another 2-5 years until your 485 is approved after which you can file a follow to join.
- the fact that you filed in April and it's July is a good sign, if you have received receipt notices from USCIS for the 3 applications you filed 140, 485, 765, then that means the screener thought you had grounds fro adjustment and you will be able to get EAD's for as long as your application is pending... unfortunately when interview season comes, it's anybody's guess...
- interestingly your case sounds like something that an immigration consultant... not a lawyer.... probably advised you to do, knowing full well that you could get into trouble if caught....
- I hope the best for you as Registered Nurses are in demand at this time and I'm sure you'll have a successful career if you can hurdle this.