status question pls help

[tuxedo]

Hi Gurus ,Please help .
My Brother is going to apply his 140/485 soon( PD April 2001).
He had a problem with his I-94 while coming back from India in the year 2001.
Here are the details.

Went to India in Nov 2000 after laid off from the company A.(applied H1B transfer through Company B
before the layoffs).

Got his H1B transfer approved through Company B in Feb 2001 while he was in India and company B's
Lawyer sent the transferred H1B(797) document to India.

Came back to US in March 2001 to US by using company A's Visa Stamp in the passport.
At port of Entry showed the Company B's H1B document but some how POE officer put Company's A's
H1B end date which was July 2001 in the I-94.After that he has been working with Company B .

Went to India again in may 2002 on Company B H1B Visa Stamp and came back in July 2002.

He is worried about the period March 2001 till May 2002.Was he considered to be out of status.

Please let me know what to do if he was out of Status.

Thanks in Advance.

 

[virginia-lucy]

There was an error made on the part of inspector in March 2001. His entry was fine. Your brother was allowed to enter using Company A's visa. The expiration date on that I-94 may be a problem.

He should try to correct that I-94 date to the expiration date on Company B's H-1B. He may be deemed to be out of status from July 2001 to May 2002. But that is understandable, considering the error made by the inspector. I will not worry about that.

 

[jllag1]

There was an error made on the part of inspector in March 2001. His entry was fine. Your brother was allowed to enter using Company A's visa. The expiration date on that I-94 may be a problem.

He should try to correct that I-94 date to the expiration date on Company B's H-1B. He may be deemed to be out of status from July 2001 to May 2002. But that is understandable, considering the error made by the inspector. I will not worry about that.

He was definately unlawfully present during that time period. Maybe the US consulate missed it when they gave him a new visa as he is supposed to be barred to enter US for 3 years (??), unless he gets a waiver or something. I would recommend that he not leave US until he gets his AOS done. Also, contact a good lawyer, maybe he can use 245(k) for his AOS.