out of status

dal_irv

Registered Users (C)
Hi,

I had a question about out of status.

let me give me you my scenario ->I was with company A and my H1 was expiring on Dec 22, 1999, and i applied for a new H1 with a new company B on Dec 3, 1999 and got approved on April, 2000.

so during this period from dec 1999 to april 2000 constitute out of status or any other violation of status (In 1999 i believe we could start working for a new employee only after approval of h1) and would this affect my 485?

Have a Nice Day!

Thank you,
shiv
 
Last edited by a moderator:
Originally posted by dal_irv
let me give me you my scenario ->I was with company A and my H1 was expiring on Dec 22, 1999, and i applied for a new H1 with a new company B on Dec 3, 1999 and got approved on April, 2000. so during this period from dec 1999 to april 2000 constitute out of status or any other violation of status (In 1999 i believe we could start working for a new employee only after approval of h1) and would this affect my 485?

Well, you were legally present in the US because of a timely filed petition. Did you work for either Company A or B between December 1999 and April 2000? If so, it was illegal, but under 245k you are covered. Don't spend the $1000 and claim 245i.
 
thanks

Hi,
thanks for your reply, so in order for 245k (which covers less than 180 days) do i need to file something like an affidavit or some other document and will this affect 485 processing.

thanks,
have a nice weekend

shiv
 
shiv,
just as an FYI to use 245 , you should not have travelled outised the united states in your 485 status , because if you have , you cannot use the 245 .
 
Originally posted by agni
shiv,
just as an FYI to use 245 , you should not have travelled outised the united states in your 485 status , because if you have , you cannot use the 245 .

That's completely untrue.

The danger is that many of the 245i beneficiaries are subject to the 3/10 year re-entry bars, and therefore should not leave the US under any circumstances, since they cannot re-enter.

If you are using 245i because you were out of status for more than 180 days, but never subject to the 3/10 year re-entry bars, you can enter and leave the US as often as you want, using AP.
 
Re: thanks

Originally posted by dal_irv
Hi, thanks for your reply, so in order for 245k (which covers less than 180 days) do i need to file something like an affidavit or some other document and will this affect 485 processing.

I don't believe you need to do anything. If BCIS has an issue, they'll give you an RFE and you can argue it then.
 
Thanks

Hi TheRealCanadian,

Many thanks for clarifying.

Also i had one more clarification, per the site http://www.immigration.gov/graphics/publicaffairs/advisories/02.11INSISSU.htm

they say everything for more than 180 days, nothing for less than 180 days, so i guess i should be ok in travelling and returning using AP amd also in your first reply you mentioned it as illegal if i work for company B and as per your most current reply you stated that i hang on until i get a RFE from BCIS or do i need file any other particular document.


Really appreciate your insight.

Have a Nice Weekend!

shiv
 
Last edited by a moderator:
Re: Thanks

Originally posted by dal_irv
they say everything for more than 180 days, nothing for less than 180 days, so i guess i should be ok in travelling and returning using AP amd also in your first reply you mentioned it as illegal if i work for company B and as per your most current reply you stated that i hang on until i get a RFE from BCIS or do i need file any other particular document.

Here's the scoop: If you worked illegally for less than 180 days you are covered under 245k, and there is no need to file anything unless the BCIS asks you. At which point your attorney will write a letter claiming relief under 245k.

If you worked illegally for more than 180 days but never accumulated 180 days of illegal presence (overstaying an I-94 which you apparently didn't) you'll need to file under 245i. You'll file an I-485A and pay the $1000 fine. Don't worry - if BCIS wants this they'll issue an NOID (Notice of Intent to Deny) and ask you to file and pay.

If you've accumulated more than 179 days of illegal presence, do not leave the United States under any circumstances until your passport is stamped with the I-551 (temporary Green Card).
 
Hi TheRealCanadian,

I sincerely thank you for helping me out, by now you must have understood my anxiety.

Thanks once again,

shiv
 
Can someone educate me on this, I thought I was safe... :<

My first 3 year H1 will expire in 2 months. My lawyer and other friends told me that once we file the application for extension, I can continue to work for my company in legal status even it's not approved yet. So since he filed the new h1 before his old h1 expires too, why he's worrying about it?
 
_____________________________________________________Can someone educate me on this, I thought I was safe... :<
__________________________________________________

Hi,

In 1999 the law was different and you could work only after approval when u are switching employers and this law was changed in Nov 2000 i believe.

wishes,
shiv
 
here's the deal. the ap document that is issued states that if you were ever out of status for more than 180 days after april 1, 97 you should not travel and get attorney's advice. for less than 180 days or if violation prior to 1997 should not matter. the reason for the caution is that travel after unauthorized stay after april 1, 97 triggers a 3/10 year bar for reentry. hence even though one may have ap, will be refused reentry. subsequently the pending 485 will be of no use too.
 
Originally posted by lyrix
Can someone educate me on this, I thought I was safe... :<

My first 3 year H1 will expire in 2 months. My lawyer and other friends told me that once we file the application for extension, I can continue to work for my company in legal status even it's not approved yet. So since he filed the new h1 before his old h1 expires too, why he's worrying about it?

dal_irv hit it right on the head. Prior to the AC21 Act, you could not immediately start working for your new employer until the new H-1B was approved. Extensions were totally different - you could work for up to 180 days waiting for the approval.

No need to worry!
 
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