Please help!!! - H1-B Transfer and 245(i)

[GCforever]

I would be grateful for any suggestions on the following:

Last year after my 140 was approved (and BEFORE I submitted my 1-485), I was laid off. After 3 months I got another job. For this job, INS sent an approval notice but NO 1-94.
My lawyer submitted an 1-485 Supplement A for my first company, and suggested I do not leave the country to get my passport stamped for the I-94.
I have followed his advice. I feel I am in a bad position!!!

Thank you in advance for any suggestions!!
All the best!!

 

[sk69]

I-485A

I-485A is used to take advantage of the LIFE Act 245(i). I-485A allows you to file I-485 even after you have been out of status provided certain conditions are met (as defined by the Act). Since your new H1-B came without I-94 attached to it at the bottom, it is obvious that INS thought that you were out of status. After filing I-485 your status becomes "Pending Adjustment" and you continue to maintain valid status till adjudication. However, leaving the country and coming back on Advance Parole does not over-rule the 3-year/10-year bar law (for status violations > 180 days). Its better not to take a chance.

(This is what I understand and is not a legal opinion)

So, don\'t worry. Trust your lawyer. They know the best. If still in doubt consult another reputed lawyer. It may cost you $100-300 for initial 1/2 hour consultation.