H1B Cancellation ... please help!

[nukeclear]

Hi,

I was laid off in Feb. 2001. I april, I applied for another H1 that was approved in August. Now that I\'m planning to apply for Green Card through my employer, my former boss told me that they have to tell INS about the cancellation of my old H1b. Does anyone know, if this would have any affect on my H1 or the Green Card Process?

 

[habib]

Yes. it will be a problem

It looks like you already spent more then 3 month without status. It will barr you to enter USA atleast for three years and you will be deported while in GC interview. YOu better check with a lawyear now.

 

[sotiredofwaiting]

wait

Wait, no, as far as I understand this shit,
there are two different things: "violation of status" and "unauthorized presence".
So when you are in H1 but not working you are violating the status,
which means they can deport you, but if your I-94 is still valid,
you don\'t accrue any days against this 3 year ban.
Now, if your I-94 expired, than it would be a problem ...

BG