H1B consulate processing

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passion4dance

New Member
Hello

I am in a very confusing situation right now.
* I first came to US in 2006 on H4.Last entered to US in Feb 2007 on H4(exp:sept2008)
* Applied for H1B April 2007.
* Received approval and started working on H1 Nov 2007.
*Also received EAD through husbands GC processing in Oct 2007(exp:sept 2010)
Recently i tried to change job and the new company attorney brought to my notice that my h1 approval was through consulate processing and inorder for me to be elligible to work on H1 ,I had to get it stamped at the home country consulate which would then issued me H1 visa.

Now I was misguided on this by my original sponsor company and have been working with them since 2007 under the impression that i have a valid
H1 untill 2010.

I havent left US since feb 2007.

My questions are:
1) Am i out of status?
2) If not what is my status?
3) Is it safe to go out of US in this situation?
4) Could i disregard the H1 and start working on Ead?

PLEASE HELP!
 
If you did not receive an I-94 with your H1B approval, you have been working illegally. Due to the very serious nature of this, take all of your documents received from US immigration (especially I-94s) to another attorney in addition to the one processing the GC .

At the very least, you have been working illegally; depending on the date on your I-94, you may be illegally present. Do not disregard anything. Be prepared to stop working immediately!

Do not travel unless the attorney tells you it is OK.
 
A1: No, you have a pending I-485
A2: Pending AOS
A3: Yes, if you have an AP document or a valid H-4 visa.
A4: Yes

passion4dance said:
1) Am i out of status?
2) If not what is my status?
3) Is it safe to go out of US in this situation?
4) Could i disregard the H1 and start working on Ead?
Click to expand...
 
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