my STATUS? Jaxen/other gurus - please help!

Z

zackpatel2000

Registered Users (C)
I am working at a client and have changed companies.

I have left Company A which held my H1 visa (valid till January 2004) on December 15, 2002. Company B attorney has delayed filing the H1 transfer application and it has not yet been mailed to INS.

However, I am continuing to work after December 15th at the client assuming that the H1 transfer has been filed to Company B.
If the application is mailed this week (January 15th), can I invoice from Company B for period December 15-January 15th. Please advise URGENTLY what my status/options are? If I do invoice from Company B for this period - what happens?

Thank You in Advance,
Zack
 
Unfortunately, it appears you are already out of status since Dec 15, since you resigned from Company A, and did not have a valid (i.e., non-frivolous) petition filed from Company B before Dec 15th. You are currently accumulating unlawful presence, and would recommend Company B lawyer file a premium processing case for you. Its very important you dont go over 6 months of illegal presence else you are subject to 3/10 year bars.

Likely INS will approve the H-1 petition but decline the extension of status due to unlawful presence - unless the Company B lawyer can come up with a good reason why the petition wasnt filed before the previous expiry.

If you do invoice from Company B, you will have been found to be working illegally - which would lead to more trouble. The only way you could work for Company B is if the INS grants a retroactive extension (i.e., from Dec 15th)
 
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