H1B with out I-94 (Urgent Help needed)

I

insh1bneb

Registered Users (C)
I changed my employer to Company A in March 21st they filed my H1 and I changed to Company B and they filed my H1B in on July 1st. Got a query for recent pay stubs for second H1B and I replied with Experince letter from company A. Mean while to my bad luck it so happend that H1 filed by company A got query and as I was no more with company A they didn't care to answer that and the second H1 was held waiting for answer from company A and as three month period for First query(A) has passed they gave me H1B approval but extension was not approved and I-94 was not provided. My lawyer says go to canada and new I-94 and I should be all set as I have visa till Nov 2003 and get stamped after that from state department. It looks like too complicated but I tried my best to explain.Reply from INS says I was out of status from the period I joined Company A and Company B as Company A's H1B is not approved.

Please do help me with this.
 
provide complete dates with year

Provide the filing dates of H1s for both company A and B.
I assume you were already with company X..then you jumped to A...and before you got that approval..you jumped to B. ..now you got RFE for 1st H1..which got rejected since you were not there..and so your company Bs h1 was approved with no I-94.
You need to get a good lawyer to prove that during all the timeline you had a pending applicaiton so you were not out of status.
but I think you are on thin ice...get a new visa and I-94 before 6 months on out of status time is over !
 
Also, it seems that the approval notice indicates that you are not in H-1 status and therefore are working illegally. The situation should have been very clearly explained to INS.
 
Dates Requested for sequence of things happend.

These is how things happened in sequence as tt tt has asked for.

Thanks for taking to to look at it.

From Company X joined company A in March

So Company A filed H1B on March 22 2002

Joined Company B on 1st July 2002

Query on Company B H1B in September 2002

Query on Company A H1 on 25 October 2002

Answered Query of Company B on November 13



got Approval notice saying Extension not approved for Company B H1 on 12 th March also says POE Chennai and OCC Code 030.

Notice also says as Company A H1 has been abandoned I am out of status from March through July.


1) What are the chances of getting visa in India if I have to go back to get it.

2) What documents should I be carrying.

3) As I am on Payroll with company B, am I on status till I received this notice or is it like I am out of status for nearly one year now as my Company H1B was filed around one year back.

4) How long do I get before I go to India.

5) Can I be on payroll with Company B as of now.

6) My wife is in India now can she come back here before I go.


Any help would be appreciated.



Thanks a million in advance.
 
One question...

what is the expiry date on the latest I-94 that you got ?

The INS already knows that you were out of status from March to July. If you have not got an I-94 and your latest I-94 from company X has expired then you are out of status from that point on. I believe that the INS can put 2 and 2 together and say that you have been out of status since march last. You need to get a really really good lawyer and straighten things out...since when you go to the consulate..they will ask you about your last job and how come you worked if you did not have the extended I-94..and they know that such a thing happended, so they could ban you from entering the USA for 10 yrs. I would recommend getting a lawyer to get to change that H1-B approval to one with a I-94 attached to it..re-file and get the story straight. Even though you might scrape thru the H1 visa approval process..this could really screw up applying for your AOS / CP if you are going that route.

Sorry if I sound bleak ...but this is what I think.

1) What are the chances of getting visa in India if I have to go back to get it.
>> I dont know..but less than what they usually are..

2) What documents should I be carrying.
>> every scrap of paper that proves that you were trying to be in status all the time last year..previous H1s receipt and approval/rejections notices will help, paystubs, w2, photos, LCA, current H1 approval, employment letter.

3) As I am on Payroll with company B, am I on status till I received this notice or is it like I am out of status for nearly one year now as my Company H1B was filed around one year back.
>> I think you are out of status. You mihgt even be illegal in the USA if your latest I-94 has expired now.

4) How long do I get before I go to India.
>> ? each day you are accuring towards illegal status hurts you. God forbid you you cross the 6 months mark ( for a 3 yr ban ) or 1 year (for a 10 yr ban )

5) Can I be on payroll with Company B as of now.
>> dont know ..grey area.

6) My wife is in India now can she come back here before I go.
>> she will need to show your approval notice...if that has no I-94 then her H4 visa is also in doubt.
 
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expiry date on latest I-94

on latest H1b from Company X 06/05/2004

on Passport November 2003

Does this save me out of that out of status thing.

I am planning on going to India thsi Friday.

Can you please help me to find the right documents to India. So that I can try my best to get visa. Any way my lawyer said he will give a letter explaining the situation.

Any more information will be welcome. So that I can prepare my self.


Visa on Passport is valid through November 2003
 
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You might be ok

if your white I-94 has not expired..then even though you are out of status, you are not illegally in status. ( my opinion ).

Like I said before...get a letter from the lawyer that clearly explains the complete timeline of your H1 filings and company switching. For each H1 filing..show the receipt notice and for each company joining show starting and ending paystubs..offer and resignation letters.

Apart from that carry all the necessary H1 filing docs..H1 approval notice, LCA, offer letter, W2, last 3 months paystubs, current employment letter, photos, correct fee.

Submit only the docs that are asked of you at the consulate. but if they call you for an interview then carry all the rest of the docs with you.

I think if your latest visa is valid until Nov 2003 if you just get out and get back in again..getting a new I-94 valid up to your current company's H1 approval notice ..then you are back in status.
 
Thank you all

Hi,
Thank you all for your help. I did send my documents via TTS services did get Visa. Especially thanks to tt tt.

Thank you Once again.
 
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