Out of status

S

sbos

Registered Users (C)
EB-3 PD 12/97 RD 02/00 ND 02/00 FP 03/01

I am not sure if I am out of status

My company filed to extend my H1 in Sept 1999, but when I got it, it said the receipt date was Sept 21 1999 and the Notice date was Dec 1 1999. My visa expired on Oct 9 1999. Was I out of status from Oct 9 to Dec 1? What matters, is it the notice date or the receipt date?

Thanks in advance
 
No Title

You are not out of status becuase you have applied for it in Sep \'99. The fact that you applied for H1 itself means you are in status. However, if you worked and got paid on you SS# and have taxes deducted prior to approval in Dec. 99 then there is a potential problem that you may have worked illegally. It is harder for INS to figure out illegal stays as opposed to illegal work, however.

Bottomline, yu are NOT out of status.

Bhanu
 
No Title

You are ok, one has to file for extension within 270 days of expiry
of authorization to work. This holds good only for extensions while
with the same employer.

This is not legal advise, please consult an attorney.
 
No Title

My wife has the same problem. INS had asked to resend her documents when we applied for her H4 extension, that was reason for the delay. From what I hear, I am in clear. My wife wasnt working then, so I believe she is not in any problem either.

Thanks a lot.
 
No Title

Have you had your EAD all this time? If so, then what are you bothered about your H1 for? You can work on your EAD
 
No Title

Correct. If your H1 extension is applied BEFORE EXPIRY of H1 by the same employer that you were working at that time, Notice Date and Receipt doesn\'t matter. You can continue working for the same employer even with the expired H1 upto 240 days. After 240 days of waiting for H1 extension approval, you should stop working and just wait for the approval. You cann\'t even apply for another H1 with another employer during that waiting period.

Any way, you are perfectly in status. Just make sure that your expiry date is later than receipt date for the extension.
 
No Title

No, The notice and receipt dates are for my H1 and my wife\'s H4. I had not applied for 485 then.
 
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