URGENT! HELP! H1B & I-94 Expiring on 1st April, 2009 and Just got layoff w/o an approved I-140...

D

Dixter109

New Member
My 6th yr H1b is gonna be expired on the 1st of April w/ the company just lay me off couple days ago. My I-140 is still in process and I only have a B.S. and a B.Arch degree.

I came to the states in 1993 and has been legally working since 2001. My friend told me that if I live in the states for longer than certain time, immigration is not allow to deport me. Is that true?

Is my current status still legal?
How can I keep my status legal?
Is it possible to find a new job and have the new company file a H1 extension for me? (do I have to file the greencard app. before I can file for the H1 extension?)
How long do I have to find a new job and do an extension for my visa?
What are my options other than leaving the country?


Please let me know what should I do now. I came here since I was 16 and I don't consider going back to my country is an option... I would have to start everything over...

Please suggest.

Million Thanks.
 
You could still be deported; your friend is mistaken.

You are out of status and even if you find a new job, nothing could be done since you will soon reach 6 years on H1B. Since your current company was the likely filed for your GC, it is no longer a likely option for your GC. You are not far enough in the process to make any difference.

You should of course seek the advice of an attorney but, based on my interpretation of your timeline and the limited information, I suspect that it is unlikely that you can do more than return to your home country and spend the year to reset your H1B time.
 
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