New H1, Expired I-94 & Visa in India or wait for EAD/AP HELP!!!!!

B

bhartiya_12

Registered Users (C)
here's my situation

I had my 1st H1 which expired on 15th Jan, 2004.
My new prospective employer messed up on applying for an transfer/extension before the 15th. He said he forgot that my date of expiry was 15th. It was a big fiasco and his lawyer says that we cannot apply for a transfer now as it will be rejected even though it was just a few days late.

Anyway, so he applied for a new H1 last week which he says should be approved soon(within this week according to him). I spoke to his lawyer who said they have applied showing that the prospective employee is in India and want me to go back to India and then come back after getting the stamp from there.

I am very reluctant to go back as I had never expected that he would mess up like this and secondly I am taking classes which will suffer. The biggest worry for me is that if my visa is refused in India I will be stuck there.

My wife is here on her H1 which is valid for the next 2 1/2 years almost.

One of my friends had a similar situation with an expired I-94. His employer started his GC process and he got his EAD within 3-4 months and then he applied for advance parole and got it and was able to travel to india and back without having to go to an US embassy in India or anywhere else.

Is that a posibility under these circumstances? Do they ask for I-94 when starting the GC process i.e labor certification stage or when filing for I-140/485 later when labor is approved? Also do they ask for I-94 for advance parole application?

Please respond soon. I'm extremely nervous. Thanks
 
It is complete your responsibility to ask your company to file the H1 before your exisiting H1 Expires. You have to make followup with the company and lawyer.

They applied for your new H1visa, so you have to go back to india and get it stampped, but the problem is you are overstayed in US. Now Visa Entry and exit system is working. When you leave US they will track your departure and you are overstayed.

This is for your information.

For GC Processing they need all I94 Copies when they required. You have to first apply Labour and then apply 140and485 concurrently. Approving the labour takes more time then your EAD and AP comes.

Just see the timeframes in your area.

BaSh
 
Could I have problems when leaving from here if I go for stamping? Also what about visa stamping in India? Could that be affected and can I go to Canada if that is any easier? Can the embassy find out that I overstayed when I go for stamping to India/Canada?

My employer says they can get labor approved in 2 months based on the current time trends in Pittsburg where they are.

If I get labor approved in 2 months and apply for EAD/AP and get it in a few months then I don't have to go out now even though my I-94 has expired. Is that feasable?

Thanks
 
My employer says they can get labor approved in 2 months based on the current time trends in Pittsburg where they are.
---- They are just SAYING it is not in the hand of employer, ask them to file LC but it will not help your currant station of out of Status and illegal stay. They have very bad lawyer, who gives wrong info that being you as out of status in US filed NEW H1b saying that you are out of US your lawyer is giving you wrong advice. This lawyer will mess up any case better post the name of that lawyer so that others can stay away from him

If I get labor approved in 2 months and apply for EAD/AP and get it in a few months then I don't have to go out now even though my I-94 has expired. Is that feasable?

---- it is NOT feasable you need to be on stats to file I-485 , you need valid status or valid I-94. Leave ASAP dont add illegal stay days.
 
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