Urgent Help- H1.

[rajiv_ksharma]

Mine and my wife current H1 and H4 VISA are expiring July 16th 2003 i.e. Tomorrow (I-94 also has date of 16th July,2003) from the old Employer . New H1 was filed with New Employer in November ,2002 and we are still waiting for the Approval as
of Today . I started working for New Employer in February, 2003 .
Our I-485 was filed in April ,2003 with new employer using Labor substitution .

My question is if the H1 approval takes another 2-3 weeks, will we be out of status as our VISA will expire in next 1 days ? Or we are good since our H1 is filed long ago and also our I-485 is
pending ?

Also since H1 is pending can I continue to work with new Employer ? Or I will have to stop working untill I get the H1 approval or my EAD ?

Any help is really appreciated.

Thanks.

Rajiv.

 

[badobo]

As u have filed for H1 extension before ur old H1 got expired, u will be in staus even after july 16.
Also, since u have filed for 485, even if ur H1 expires, u will be in status.
U can continue to work on H1 - as urs was H1 to H1 extension, all u need is the receipt from BCIS to continue working, as long as the H1 is not denied.
( Hope, u filed for H4 and also 485 for ur spouse, else ur spouse will be out of status from july 16 )

 

[rajiv_ksharma]

Hi Badobo
Thanks for your Reply . Yes I also filed for my wife H4 extension along with my H1 . Also I-485 is filed for her as well. I have the receipts for the I-485 and case numbers for H1 and H4 extension.
Thanks again.
Rajiv.