H1-B 8th year related question

N

NageshKota

New Member
Greetings!

I came into US on May 1 1995, my employer filed for my GC in 2000 and I have an approved labor and I-140 from CA state. I-485 was never filed.

My H1-B was extended beyond 6 year limit using my GC processing period, I have been here in US till now. My current employer just laid me off on July 31.

My I-94 card is stamped until March 26 2004, using my current employers H1-B.


Q1. Since I have already completed 8 years of continuous stay thus far in US, Can I file for a new H1/transfer using a new employer?

Q2. What are chances of my new H1-B getting approved.

Q3. What are my options?


Appreciate your time guys!
Nagesh
 
----- You should go to a good lawyer immediately with all the papers of LC, I-140, and H1B.
If you would have filed I-485 based on approved I-140 you may have no problem.

BCIS may ask after I-140 approval why I-485 was not filed because it is current for EB3, EB2 for all the counties and may deny the H1 extension, because nothing is pending for you. At this time you are out of status as employer has laid you off.
 
Out of status ?

I don't think you are out of state until March 26 2004.
Very based on IS-94.
But you can't get another H1 8th extension because your
LC is not valid to you.
I think you need to go out USA in a year and get a job with new H1B.
Good luck.

Everyone, if I am wrong, let me know
 
haroldjang, Sorry to hear your situation. I agree to Ginnu.

I don't think you have any other options now other than contacting your previous employer, for you to be in status. Which is very important for future GC filing from other companies.

By the way, why you did not applied for I485? Any out of status issues before? Better contact your prev employer and request them not to cancel H1B and try to be with them other wise just leave the country. Stay out for one year.

This is my persnal suggestion. I am not a legal person but better contact good lawyer.


Good luck.
 
Just came to my mind:
If your LC was filed before April 30,2001 you may be eligible for 245(i)
Or 245(k) go to good immigration lawyer ASAP and seek legal advice if they find any option for you
 
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