Following is my situation Please Advice:
I was working for Company for "A" , during that time Company "A" file Labor but before approval I got layoff in August 2003. But h1b/I-94 was valid until Dec 2003.
After that in few days same time I filed two H1b with Company "B" and " C", First I started working for Company "B" for three months and left the company "B" before I get the H1b approval and joined Company "C".
While working in Company "C", Company "A" gave me offer to join back with Approved labor, which was filed for me.
I started working from Sept 1st with Company "A", But due to some communication gap between HR dept. and Attorney, they did not file my H1b (until Nov 2nd 2004), company “A” ask me to enquire with Company "B" about my H1b, "B" said H1b is no longer valid and its canceled on Sept 3rd. (It was my mistake, I didn’t ask for receipt on joining)
Finally Company "A" attorney found way to get h1b approval, but only they ask me go to India to get new I-94/visa stamp, which I did.
Basically I was on Payroll for two months without H1b and as per attorney I was out of status for two month.( bet Sept 2004 and November 3rd 2004) even though I had 1-94 of Company "B" which was valid until 2006 before India Feb 2005 trip for Visa.
In this situation am I really out of status for two months?, Is it good idea to go for Normal 485 processing in US or need to go for for Consular process? (Attorney suggested to go for Consular processing).
Currently only I -145 is in process, filed on 3rd March, 2005.
I was working for Company for "A" , during that time Company "A" file Labor but before approval I got layoff in August 2003. But h1b/I-94 was valid until Dec 2003.
After that in few days same time I filed two H1b with Company "B" and " C", First I started working for Company "B" for three months and left the company "B" before I get the H1b approval and joined Company "C".
While working in Company "C", Company "A" gave me offer to join back with Approved labor, which was filed for me.
I started working from Sept 1st with Company "A", But due to some communication gap between HR dept. and Attorney, they did not file my H1b (until Nov 2nd 2004), company “A” ask me to enquire with Company "B" about my H1b, "B" said H1b is no longer valid and its canceled on Sept 3rd. (It was my mistake, I didn’t ask for receipt on joining)
Finally Company "A" attorney found way to get h1b approval, but only they ask me go to India to get new I-94/visa stamp, which I did.
Basically I was on Payroll for two months without H1b and as per attorney I was out of status for two month.( bet Sept 2004 and November 3rd 2004) even though I had 1-94 of Company "B" which was valid until 2006 before India Feb 2005 trip for Visa.
In this situation am I really out of status for two months?, Is it good idea to go for Normal 485 processing in US or need to go for for Consular process? (Attorney suggested to go for Consular processing).
Currently only I -145 is in process, filed on 3rd March, 2005.