Someone Please Help.. H1 Transfer - i94 Expired - H1 approved - did not get i94

J

jack444

New Member
In Jan 2003, I applied for H1 Extension thats due to expire in APR 2003 with company A

That case went to pending status and it now says your case has been forwaded to the local office for further processing.

Then again in July 2003, I applied for H1 transfer thru Company B for premium processing and i got an approval notice in 10 days. I also received my approval notice During Last week of JULY 2003.

Is it advisable to go to the local office? I plan to send my employer along with an attorney to the local office along with my passport. Any inputs?

Now, what will happen next. I am REALLY WORRIED. AM I IN STAtus? I BELEIVE I AM - 'COS WHEN I APPLIED FOR H1 transfer, MY CASE WAS PENDING, AND WHILE IT WAS PENDING, I GOT ANOTHER H1. PL. TELL ME YOUR EXPERIENCES, AND ANY SUGGESTIONS. ANY ALTERNATIVES? PLEASE HELP...........

Also, if I had been out of status, Can I apply for canada immigration? Any good lawers or websites that deal with canadian immigration?


THANK YOU
 
Read this:
Regulations as Authority

The Cook Memo cited 8.C.F.R.214.1(c)(4) and 8.C.F.R.248.1 (b) as authority for its conclusion in distinguishing the two concepts of (1) "period of authorized stay" for unlawful presence and (2)"lawful status." These regulations provide that the Service may not approve a change of status for a person who has failed to maintain the previously accorded status or whose status expired before the application or petition was filed. The Pearson Memo recognizes that the Service takes much longer than the 120-day tolling period to adjudicate many petitions or applications and recognizes that such a person should not, and will not, accrue unlawful presence until a final decision is made on the application or petition that was timely filed. On the other hand, if an application or petition was untimely filed and ultimately is denied, then unlawful presence begins accruing on the date that the original I-94 card expired, regardless of the reason for the denial. If the I-94 card eventually is extended based on the approval of the COS or EOS, then the person is considered to be maintaining lawful status throughout.
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You can have complete further text at
http://murthy.com/ukperiod.html,take a copy of it and talk to your attorney to find the ways,since still your EOS is not finalized as it seems.
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Not a legal advise.Lay man's opinion.
 
If I may correct my earlier posting a bit..

In Jan 2003, I applied for H1 Extension thats due to expire in APR 2003 with company A

That case went to pending status and it now says your case has been forwaded to the local office for further processing.

Then again in July 2003, I applied for H1 transfer thru Company B for premium processing and i got an approval notice in 10 days. I also received my approval notice During Last week of JULY 2003. I RECEIVED THE APPROVAL NOTICE WITHOUT ANY 1-94. I my problem is with the 1-94.

Is it advisable to go to the local office? ( reg 1-94) I plan to send my employer along with an attorney to the local office along with my passport. Any inputs?

Now, what will happen next. I am REALLY WORRIED. AM I IN STAtus? I BELEIVE I AM - 'COS WHEN I APPLIED FOR H1 transfer, MY CASE WAS PENDING, AND WHILE IT WAS PENDING, I GOT ANOTHER H1. PL. TELL ME YOUR EXPERIENCES, AND ANY SUGGESTIONS. ANY ALTERNATIVES? PLEASE HELP...........

Also, if I had been out of status, Can I apply for canada immigration? Any good lawers or websites that deal with canadian immigration?


THANK YOU
 
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