H4-H1 status messup

[H4_H1]

I was on H4 visa and went to India and cameback on 02/05 on H4 status. Meanwhile the H1 that my company applied in Aug-2004 came on 01/2005 (while I was in India) . I was not aware of this till I came back from India.

Then I took H1 and got SSN also. Getting SSN took lot of time as my case was not verified in SSN office. They told me that it went to Immigration Dept and they will evaluate and let me know. Later after three months I got my SSN and I started working. My company never told me that I should not travel while my H1 is under process as I am on H4 status.

Now I am planning to move to another company and in process of transfer of my H1. New attorney says that I was on H4 status till now because I entered US on H4 status and he cannot file H1 as regular transfer, instead he suggests to do Counsular H1B processing and once H1 is approved I need to go to India to get it stamped before I start working with new company. My H4 was expired long time before and I never thought of extending I thought I am on H1B.

Looks like I am in a serious problem here. I get a feeling that I was working all these days illegally. What are my options now? Should I stop working immediately till my new H1 is processed and I go to India for stamping? Not sure how it goes in India Consulate. They might ask me 100 questions.

My questions to the experts/attorneys:

1. What are my options to stay with current company and keep working?

2. What are my options to move to new company and start working for that company?

3. What is Consular H1B processing? Is it a normal H1B without I-94? and I need to go to India to get my H1B Visa stamp? and travel back and get new I-94 at the port of entry?

Any suggestions/thoughts will really help me.

 

[GotPR?]

As I read your post, you traveled when change of status from H4 to H1 was pending, is that right ?

If so, your COS was considered abandoned and your status remained H4 after you came back to the US. I think your lawyer is right and probably going for H1 stamp is the only way to legalize. i.e. If you stay at the current sponsor, you take approved notice to consulate and get H1 stamp. If you want to move to other company, they have to file H1 petition, and once it's approved, you should get H1 stamp at consulate before entering the US.

Since this is beyond my knowledge, I really can not help, but you should ask some clarification to lawyer about your next entry.
You said H4 was long expired. Does it mean I-94 you got at POE also long expired ? This is considered overstay and overstay longer than 180 days triggers 3 year entry bar.. Ask lawyer how you should deal with this.

 

[H4_H1]

Thanks for you reply. Yes I'll take an attorney advice on this. If I were on H4 status then did I worked illegally all these two years? My H4 has expired three months before and I have to quickly take some decisions.

Any other advice from any one?

 

[ginnu]

Thanks for you reply. Yes I'll take an attorney advice on this. If I were on H4 status then did I worked illegally all these two years? My H4 has expired three months before and I have to quickly take some decisions.

Any other advice from any one?

If you entered on H4 and your got I-94 based on H4 then you were on H4 status. You worked illegally on H4 status. If I-94 that you got last time also expired then your stay in US is also illegal.