Out of status and applying for 485.---Help.

C

Crapshooter

Registered Users (C)
Hi Friends,
Recently I found out that I am currently out of status. Here\'s how I became out of status.

1. Feb\'97 - Entered into this country on H1 from company X which is valid till Oct\'99. At the port of entry, I was issued a I94 valid till Oct\'99.
2. Dec\'98 - Company Y has filed H1 petition for me.
3. Dec\'98 - Went to India for a visit after the petition was submitted to INS.
4. Dec\'98 - Company Y H1 got approved while I was still in India with I94 extended till Dec\'01. I was unaware of this approval.
5. Jan\'99 - Returned to US on Company X H1 as I was still working for them.
            At the port of entry, I was issued a I94 valid till Oct\'99.
6. Feb\'99 - Resigned from company X and joined company Y.
7. Apr\'01 - Company Y says that since the last issued I94 was valid till Oct\'99, I am officially out of status since Oct\'99 even though I have a I94 valid till Dec\'01. So they fired me.
Luckily my spouse has applied for GC processing as well so I applied for 485 under 245i clause as a dependent.

My glorious career came to sudden and unexpected end and I am sitting at home worried about the future. What are my chances of getting a green card? What should I do to start working again.
Any thoughts, ideas, suggestions are welcome.

Thanks.
 
No Title

What is the problem if you just get an Advnaced Parole (You may be
having the 485 receipt now with you) and exit out of the country and
come back witha new I-94.

I dont know whether an expired I-94 will make you out of status. By
any chance did you get your visa stamped in your passport..? That may
save you.

Weird situation man. You should have been more careful if you are
concerned with your future.
 
No Title

I really don\'t think you are out of status...B\'cos the new I-94 is the valid one...if what you say is true...then everyone who applied for an H-1 extension and DIDN\'T go out of the country and re-entered US (so that they will get a new I-94 with the extended H1\'s validity at the Port of Entry) is out of status...

I don\'t think change of company matters...your new I-94 definitley supersedes (sp?) the original one...

Please correct me if I am wrong....

Srini
 
No Title

The issue is that the latest issued I94 superseds all other I94\'s. In my case, the latest issued I94 is the one issued at Port of Entry which expired in Oct\'99. This is the reason I got fired.
My lawyer has told me not to leave the country as it will trigger the 10 year ban. So going out of the country on AP is out of question. Anyway I don\'t think they will give you a new I94 if you go and come on AP.
I am really worried at this point. I don\'t want to sit at home and waste time. Any help is greatly appreciated.

Thanks.
 
No Title

I am sorry to hear your story ! Why don\'t you apply for EAD using your I-485 receipt notice and keep working on EAD until you gets your I-485 approval. Are there any constraints in applying EAD?
 
No Title

I am sorry...I didn\'t realise that the I-94 given at the POE was
the latest one you have...

But, still...I am sure you can work using the EAD that you would
get, based on your wife\'s 485 application...travel would be a
major problem though...

Are there any constraints on obtaining the EAD?

Srini
 
No Title

I don\'t think you are out of status. You are in status as long as you have a valid I-94 on your H1 approval letter. Check with some good attorney. I was in this situation before like I-94 got expired but never bothered since I have the new I-94 on the new company H1 approval. I went out of country on the old visa and got I-94 on the old company. What you should do is just get your visa stamped at the Dept of State with your new H1 and you should be fine to travel. BTW, I have already got my GC without any RFE. You must consult a good immigration attorney. I would suggest contact Attorney Murthy or Rajiv Khanna for consultation.Good luck
 
No Title

I don\'t have the 485 receipt yet. I filed for EAD along with my 485 & 245i application. My lawyer tells me that EAD might or might not get approved based on the fact that I was out of status for more than a year. She is not even sure how my GC will be effected. According to her, I will be called for an interview. Rest will be in the hands of my interviewer. I forgot to mention that I have a visa stamped in my passport by department of state in dec\'2000. But lawyers say that visa stamp does not matter. I94 rules. They say that if the I94 number stapled to your passport does not match with I94 number on your H1, then the I94 stapled to your passport takes precedence. Friends, please take time to inspect your I94\'s. If at all anybody has the same situation, ( I don\'t think many people have this problem) go out of the country and come back with a new I94. That will solve a lot of headaches.

Please continue to post your thoughts on this.

Thanks.
 
No Title

Sorry to hear your story. Don\'t give up yet.

About the I-94 issue, I just came back from vacation and my new I-94 (which I got on arrival last week) number doesn\'t match with the number on H1-B approval notice, but the expiration date matches.

In your case, I think you\'ll be OK if you get EAD.

Good Luck,
 
No Title

Try this..
Say that you misplaced your I-94 card and apply for a duplicate one.
Apply that with the I-94 number of the old one and a copy of the H1B
approval and the Visa stamped in your passport. They will issue you a
new I-94 with the extended stamp upto Dec 2001. That will make you
legal. Logically you are legal and technically you are missing one
step. Just do this way. Lucky you.. you may get adup I-94
 
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