Need Help!! In Big Trouble

I

I485_trouble

Registered Users (C)
Hi guys,

I will appreciate if you can give your views on this -

1. Came here in 1996 H-1B ( valid till 12/21/99 ), changed job on new H-1B ( valid till 03/22/2001).

2. Travelled to india in 1998 on the new H-1B , but at the time of entry officer gave me I-94 with expiry date of 12/21/99 instead of 03/22/2001

3. This february at the time of filing I-485 , lawyer noticed this problem and told me that I am out of status since 12/21/1999 but we could still file 485 because of 6 months relief for emplomeny base applications.Filed I-485 and application for EAD. Got EAD on 05/22/2000.

4. I did not show EAD to my HR and continued working for the same company.

My question is that since I was out of status for about 5 months ( 12/21/99 - 05/22/00 ) and continued working, is there going to be any problem with I-485 approval. Is it necessary to show it to HR and fill new I-9?

Thanks a lot in advance.
 
No Title

You are not out of status. You have a valid H1. I believe you did not get your new H1 (second one)stamped in the passport when you went out of country in 1998 and that is why the 194 upon rentry had the expiration date till the first H1. After that even if your I94 card expired, you have a valid H1 till 2001.
 
No Title

You are right. I did not stamp the 2nd H-1B on my passport.
But someone told me that your stay here is based on I-94 expiry date and not on H-1B approval document.

I am still confused.
 
No Title

I think you are over reacting...

The I-94 validity date was incorrectly put by the officer who
let you in which you could have got corrected by going to local
INS office. I had the same problem and went to the Arlington VA
office where the date was corrected by the Immigration Officer;
though; I might add that my I-94 was still valid when I went in
for correction.

I do not think you will have any problems with I-485 as your
validity is ultimately governed by the H1 dates...

My 2 cents
 
No Title

You do not have to worry. I am just concerned about your attorney who is representing your 485. She should have known that this is not a Out of Status Case.
Also you could get your passport stamped with the new H1 in DC if it is not more than one year since your first H1 expired. This is just for your info.
 
No Title

I too had the same problem. But my lawyer refused to file 485 with out a valid i-94 and so I got it corrected at port of entry(luckily) and filed my 485. In your case you are not out of status but you have to show your ADto work because your h1 is no more valid. If you would have stayed more than 6 months then you will be out of status. So may be you have to fill new i-9 showing your AAD.Better to talk to a lawyer on this matter as this is a sensitive issue.
 
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