Motion to Reopen !!!!

B

bobkris

Registered Users (C)
Hi All,

My old visa and I-94 expired on 14th Feb 2003. New H1 approved on 5th Feb 2003 and received on 12th Feb 2003. Here they approved my H1b but denied my extension here (i.e didn't get I-94 with new H1B... specifically mentioned to go home country and get stamping there...).
But my employer filed for Motion to Reopen (i.e for review the case) and got receipt for this on March 19th 2003. Here are my doubts :

1. What is my status now ? (i.e the status between 14th Feb 2003 and 19th March) ?

2. Can I leave the country in the Month of May ? (Wonder if there are any travel documents needed) ?

3. Is there any problem with Chennai consulate regarding this case ? Plz advise me !!!!

Thanks for ur time and appreciate ur comments !!!!!

CH
 
my 2 cents..

1) your status depends on the result of the motion to re-open..if it is accepeted then you are ok.
..otherwise you are illegally in the country since feb 14th.

2) no travel docs are needed to leave the usa.

3) carry all the docs needed for H1 stamping..keep some extra stuff like, company product handouts, current employment letter, w2s, paystubs, tax rets, all h1 filing receipts...you should have no problem..you can get it done by drop box.
 
Thanks tt...Thanks a lot for the information.

I have one doubt on my status.. If consulate queried my why to stay after expiration of my I-94...Can i explain and show the client letter that my role is must by that time in project. Is this helps me ?
Thanks for your time.

CH
 
No ..prove to them that

you stayed since you were confident that the motion to re-open will succeed. try to prove that you did not expect to get a H1 with no I-94..since you were in legal status when you filed it.
 
You can take all the documents mentioned by tt tt and all receipt notices, I-129+LCA certified by lawyer and Motion to reopen receipt and copy of all the past I-94 ( if you have)
Better take a letter from your Lawyer who filed your H1 and Motion to reopen, he/she can state on the letter everything and Visa officer will understand everything and show the letter from Lawyer if any problem.
 
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