URGENT Need Help ASAP-Filing H1B visa on expired I797

Maddil

New Member
I am sorry for putting this question in this thread but I need to reach out to as many people as I can

I am on H1B visa since ecember 2001 and am working for the same company till date. I came to know today that my H1B visa got expired on5/14/04 and me or my company never noticed this. I am getting paid by my company on an expired H1B and missed to file the extension. Has any one gone through such situation and can any one help me on this
 
You have now been out of status for more then 180 days. OUCH!!!!!
Please consult with an immigration lawyer now. Have you applied for a GC???


From www.murthy.com

Unlawful presence is an important subject in immigration law. Essentially, persons unlawfully present in the U.S. for more than 180 days are barred from reentering the U.S. for three years. Those who are unlawfully present in excess of a year are barred from reentry for ten years. Both reentry bars are triggered upon departure from the U.S. Unlawful presence is a different, narrower concept than that of one's being "out of status." Unlawful presence, under current interpretation, is counted from either the date of the expiration of the authorized period of stay indicated on the I-94 (arrival / departure card) or at the time the INS or Immigration Judge determines the person to be out of status. For example, a person could be out of status as an H1B after having been laid off from work but, unless the INS or the Immigration Judge makes a specific ruling regarding the individual's status, the person is not unlawfully present until the I-94 expires.

When a nonimmigrant bearing a date-certain Form I-94 remains in the United States beyond the date noted on that form, unlawful presence begins to accrue as of the date the I-94 expired.
Your legal status here in the U.S. depends generally upon the expiration date written on the I-94 card by the INS officer at the port of entry. As long as your latest I-94 card is currently valid, and you are continuing to work for the sponsoring employer under the terms of the petition, then you are legally permitted to be in the U.S., whether your visa stamp in the passport has expired or not.
If it is, in fact, your status (as indicated on the I-94) that has expired, you should contact an attorney immediately to discuss your options.


http://www.murthy.com/news/ukperiod.html You may want to take a lok at this also.
 
Maddil said:
I am sorry for putting this question in this thread but I need to reach out to as many people as I can

I am on H1B visa since ecember 2001 and am working for the same company till date. I came to know today that my H1B visa got expired on5/14/04 and me or my company never noticed this. I am getting paid by my company on an expired H1B and missed to file the extension. Has any one gone through such situation and can any one help me on this
Bright side, you can apply for 3 yeas workers visa (Accoding to Bush Immigration Reform) if it comes to the situation of "out of status".
Wakeup.. hurry up...and contact an Immigration Lawyer without further wasting of time.
 
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