H1b Transfer issue urgent

[simy]

Hi

I have my h1b/i94 expired on 31 Dec 2003. I was laid of on 20 dec 2003. But surprisingly i got the job and they applied for my h1b transfer on 29 th december. My application was recevied by USCIS on 31st dec 2003 and also i got my receipt within 6 days.

On my receipt it says notice date 1st jan 2004.

Now my question is.. Am i in illegal status though my VISA and I94 was expired on 31 st Dec ??

My lawyer is saying that i am in legal status till 180 days from my h1b transfer receipt. If He is right then what i have to do after 180 days?

If i will get my VISA approval then should i get my h1b visa stamp in USA or i have to go all over my country to get h1b stamp.

Any help will be appricated.

Thanks in advance.


simy

 

[jaxen2]

You are in legal status, few days will not matter. If it had been more than 30 days USCIS usually asks you to get a new I94 by visiting the POE. If it is more than 180 days you will be deported...

 

[simy]

H1B Transfer

Thank you for your reply

You mean to say i am all good or i still need to get I94 by visting POE.

And what after 180 days if i didn't get my approval.


Thanks again for your prompt reply.


Simy

 

[Nkelkar]

Does not matter.
The law is that you need a receipt date from the BCIS on or prior to your existing I-94 exipring. Your I-94 expired on dec 31 and receipt date is jan 1st, should not be a problem.
You can continue workiing on the receipt notice. Once you do get the approval notice I797 you donot need to get the visa stamped, well it depends on what the I797 says. If the I797 has a new I94 attached to it then you are OK, if not you would need to go to a Consulate/Embassy in your home country to get the visa stamped and then re-enter to get the new I-94

 

[zipper]

Hi simy
Ps Check your receipt Notice and post these things, There will be two dates
1) Received Date
2) Notice Date


My Wife's I94 was expiring on 03-sep-03 and we sent her H4 packet on 29-Aug-03. Then we got the receipt from INS which had
Received Date 02-sep-03
Notice Date 05-sep-03

I was kind of tensed up and called lawyer and she told us as long as the received date is before 03-sep-03 which in our case was we are good.

Ps do talk to a legal person for correct information
thanks

 

[simy]

H1b Transfer

Thank you for providing your information.

Mine is

Received Date 31st Dec' 03
Notice Date 1st Jan' 04

So my case is as similar as yours. Hope same date is no problem becuase my I94 was expired on 31st Dec' 03 and the received date is also 31st Dec' 03.

Also one more question my lawyer file the case under petition for a nonimmigrant worker. Is this a right category because mine just transfer case then it should be something change of status.

Becuase on uscis.gov website i found like
h1b -specialty occupation- visa to be issued abroad
and other category
h1b - specialty occupation - change of status in USA

Pls tell me my lawyer filed my case correctly or not??

Thanks Again,

Simy