out of status critical

[sati8]

Hi Guys ,
MY employer has landed me in deep trouble, as my I94 & visa exipred in dec 05 02 and they filed the visa extension on dec 03 , INS send the form back with notice date 08 dec saying wrong form attached , then my employer kept me in dark and did not reply back till mar 24 th 03 , and this time INS gave the receipt number but did not stamp the receipt date and send the papers back to my employer stating that wrong fees are attached and ask to resend it with correct fees, now its more then 4 months after I94 expired, so am i out of status ??
if yes then if we resubmit again will INS reject it directly or will it accecpt ?
my second question is that can i do h1 transfer at this moment , as my attorney says that you are out of status and he can't process h1 transfer as he says that your company has not filed the papers yet ,though i have receipt number ,
so what is the option for me at present to bring my status to legal so that i don't have to leave US and some how get the h1 transfer , i would highly apprecaite your reply at the earliest as my employer has cheated me and left me nowhere, please reply back with your openion

 

[tt tt]

file for a new H1..

using an attorney and premium processing. get out and get a new H1 visa and come back..you dont have any time to loose..if you hit the 6 month out of status period ...you will face a 3 yr ban

 

[chin8]

Thanks tt tt for your valuable suggestion

So you think that going out and coming with new visa is right option , but i am curious to know whether can i file new visa staying in US ? if yes then i can get the approval letter by premium processing then go back to india and stamp it
if answer is no then I have to leave in order to apply for new visa ?
Secondly in order to avoid going back to india for stamping new visa , is it possble that i ask my present employer to file the papers with premium processing right away so that i can be on legal status and once INS receives the papers and once i get approval then try for h1 transfer ? so that i can avoid going to india as getting stamping in consulate as it is very ricky nowa days as i am worried that if my new visa or stamping gets rejected then i can't reenter US ?
Plese give your precious suggestion so that i can over come this big problem

 

[tt tt]

you are using confusing terms..

For your case..within the USA you can only get a NEW H1 approval by premium processing. which means that your new approval I-797 notice will NOT contain an I-94 that extends your valid stay in the USA. So in order to 'transform' that approval notice to a VISA sticker on your passport..you have to go out ..to a US consulate..get a visa based on the new I-797 notice..at the POE in the USA you get a new I-94 valid upto the end of the H1 petition..then you are in good shape.

Since your latest I-94 is expired, the INS will never grant you an H1 extn. if you try to file for an H1 extn they will note it in your file that you are out of status..better way is to file for a new H1 and do as I said in the previous paragraph.

Your only option is to get a new visa from India/canada/mexico..if you have a US degree you may try the mexico/canada route but I really think that getting H1 visas in India is really easy..you will get to use the drop box..no interview..minimum documents..and you get your visa within a week deliverd to your home.
Since you are working..you can prove that you have all the docs..employment letter, W2, paystubs, H1 approval , LCA, H1 petition certified copy..no need to worry at all!. The consulate visa rejection is for B1/B2/F1 etc....plus accuring out of status time will most likely kill your AOS ( green card ) processing chances..should you want to go down that route. You can show to the INS that you were trying to file for H1..but got rejected due to techincal reasons..

 

[neil424]

'transform' that approval notice to a VISA sticker on your passport

what are the chances here ??? time duration if done in india mumbai