Jim Millis- please respond......CP and H1 problem

S

sunar

Registered Users (C)
My 140 was approved for CP and I received P3 in Jan. But my H1B extension has not been approved yet. Ext was filed in Apr 01 and since my lawyer did not respond to RFE within 90 days, I received letter from INS stating that my H1B ext petition has been abandoned. My (irresponsible) lawyer is still handling my case with no luck. What should I do? I am concerned about fixing CP date without having a H1. INS says they have archived my case. Any suggestions appreciated. How should I proceed with GC and H1B issues??
 
Your problem now is that you may be here illegally and you may be working illegally

You need an H-1 to stay in the US. You have several problems going on and if this is not handled correctly (and maybe even if it is) you may end up with no H-1 and a denied CP. Since you may be here illegally, how long have you been here illegally?

Is your attorney an AILA member? If so, s/he should contact an AILA mentor immediately for advice on how to handle the situation at this point.

BTW, why was the RFE not answered?

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
RFE was for Labor Clearance

When the lawyer filed for ext first time, she did not include LCA with it. That is why INS requested for it as RFE. And she **forgot** to respond to RFE. INS abandoned petition in early Nov and after receiving that letter, my lawyer responded to INS to straighten this out. But until now, I haven\'t heard back anything from INS. Now the lawyer wants to do AOS and says I can get advanced parole to leave the country. Is this all feasible? What are my risks? I have been with the same company all the time and my company is willing to help me in this regard. SHould I file for a new H1 under premium processing?

thanks.
 
Out of status < 180 days, so you ...

should be OK. File your AOS application asap under 245(k)

Disclaimer: I am not an attorney. Use the information at your risk.
 
245(k)

§245(k) allows certain employment-based visa applicants to adjust status in the United States as long as they have not been out of status for more than a total of 180 days. Here it appears that he\'s been out of status for more than 180 days. There may be ways around this but it is extremely tricky.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
when does 180 days start???

From the day my H1B expires or from the day INS abandoned my ext petition? H1 expired in Apr 01 and INS responded to my ext petition in Oct. In the mean time, the application was with INS. Does that mean I was in status during that time??

thanks.
 
I\'m not certain of the answer to this off hand

Since the petition was deemed abandoned, it\'s possible that INS will consider the overstay to have begun when the I-94 was denied.

I hate to say this, but your lawyer is going to have to figure this out. My guess is that it will require a couple hours of research.

Good luck.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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