Hi,
I applied for my 485 in Sep 2001. I got a NOID from INS saying that i was out of status for more than 6 months prior to applying my 485 and i had left the country and come back during AOS, thus making me ineligible for 245i life act.
This was what happened.
Upon departing the U.S. in October 2000, I turned in my I-94 card for my prior employer. When I returned to the U.S. on November , I presented to the INS Inspector at the airport my passport, which had an H-1B visa for my prior employer, valid until August 2002. I also presented my approval notice for my new employer, (which had recently acquired my old company) that had my new I-94 card attached to it. The INS Inspector briefly glanced at the approval notice, took the passport and gave me another I-94 card with the name of the old employer on it with the end date of Feb 2001 (my PP expiry date a). The Inspector let me keep the new company I-94 card which had Aug 2002 expiry date and wrote the wrong employer name(old) on the other I-94 card.
I came back and asked my lawyer. She told me that since the inspector has let me keep the I-94 with the new H1-b. I have two facially valid I-94 and i don't need to apply for my I-94 extension and she is still saying that i was always in status.
Now i have asked several lawyers. They told me my lawyer was wrong. Now i am facing a 3 year bar from entering US.
I am currently looking for a lawyer who has processed a 212(d)(3) waiver for an H1-b from the New delhi Consulate.
Any help appreciated.
Thanks
I applied for my 485 in Sep 2001. I got a NOID from INS saying that i was out of status for more than 6 months prior to applying my 485 and i had left the country and come back during AOS, thus making me ineligible for 245i life act.
This was what happened.
Upon departing the U.S. in October 2000, I turned in my I-94 card for my prior employer. When I returned to the U.S. on November , I presented to the INS Inspector at the airport my passport, which had an H-1B visa for my prior employer, valid until August 2002. I also presented my approval notice for my new employer, (which had recently acquired my old company) that had my new I-94 card attached to it. The INS Inspector briefly glanced at the approval notice, took the passport and gave me another I-94 card with the name of the old employer on it with the end date of Feb 2001 (my PP expiry date a). The Inspector let me keep the new company I-94 card which had Aug 2002 expiry date and wrote the wrong employer name(old) on the other I-94 card.
I came back and asked my lawyer. She told me that since the inspector has let me keep the I-94 with the new H1-b. I have two facially valid I-94 and i don't need to apply for my I-94 extension and she is still saying that i was always in status.
Now i have asked several lawyers. They told me my lawyer was wrong. Now i am facing a 3 year bar from entering US.
I am currently looking for a lawyer who has processed a 212(d)(3) waiver for an H1-b from the New delhi Consulate.
Any help appreciated.
Thanks