original_007
Registered Users (C)
Hello all,
I went for special registeration yesterday, it went quite uneventful with a 4 hour wait ( which is ok.)
Something that bothers me slightly is that the INS officer after looking at my 'adjustment of status' receipt asked to see the 'underlying H-1' , now this H-1 has the valid date uptill 10/2004 but was issued by my previous company, and the company had told me that they will cancel it 3 months after I leave them, (which would have been 9/2002). I thought that the officer just wanted to make sure that the dates overlapped and that I hadn't been 'out of status'.
Anyways, I just talked to a friend of mine, and turned out he applied for 'adjustment of status' over 2 years ago and his H-1 has since expired. He is working using the EAD and the INS ppl. gave him grief that he might be in trouble since his H-1 has lapsed. They didn't detain him but at 5pm sent him home with a promise that they will contact him. He got an impression that although he is working on EAD and needs AP to travel, he still needs to maintain the H-1 status. These guys (INS) were obviously not sure and thankfully let him go.
Now my question is : Can somebody help me find the documentaion that states that H-1 has to be valid during the duration of 'adjustment of status', or documentation that negates this scenario. I realize that this sounds like baloney, but hey, we are dealing with the INS.
thanks
I went for special registeration yesterday, it went quite uneventful with a 4 hour wait ( which is ok.)
Something that bothers me slightly is that the INS officer after looking at my 'adjustment of status' receipt asked to see the 'underlying H-1' , now this H-1 has the valid date uptill 10/2004 but was issued by my previous company, and the company had told me that they will cancel it 3 months after I leave them, (which would have been 9/2002). I thought that the officer just wanted to make sure that the dates overlapped and that I hadn't been 'out of status'.
Anyways, I just talked to a friend of mine, and turned out he applied for 'adjustment of status' over 2 years ago and his H-1 has since expired. He is working using the EAD and the INS ppl. gave him grief that he might be in trouble since his H-1 has lapsed. They didn't detain him but at 5pm sent him home with a promise that they will contact him. He got an impression that although he is working on EAD and needs AP to travel, he still needs to maintain the H-1 status. These guys (INS) were obviously not sure and thankfully let him go.
Now my question is : Can somebody help me find the documentaion that states that H-1 has to be valid during the duration of 'adjustment of status', or documentation that negates this scenario. I realize that this sounds like baloney, but hey, we are dealing with the INS.
thanks