Rajib Choudhuri
Registered Users (C)
My priority date is current for I-485 filing. 6 years on my H1 expired in Feb , 2001. My company applied for H1 extension of 1 year in Jan 2001 on the basis that my priority date was not current and I had my I-140 approval in hand.
INS committed an error by extending my H1 only till April 2001 , i.e. just for 2 months completing my 6 years on H1 They did not extend H1 till Feb 2002 as was applied for. They did not consider the new law at all although the clauses were clearly mentioned in the H1 application.
My company sent a letter to INS for reconsideration of the date immediately after receiving this erroneous H1 mentioning that I cannot file I-485 although I became current. This was in beginning of May, 2001. No answer from INS yet.
My questions are.
1. Is it required to have a valid H-1 and I-94 to file I-485 ?
2. Is my legal status OK since my company has sent a letter to INS for reconsideration of the date and its not yet 240 days since my erroneous H1 expired in April 2001?
3. Am I allowed to stay here and work(although my H1 expired) on the ground that I cannot file I-485 in spite of being qualified to do so?
4. If I decide to permanently return to my home country before INS responds (before 240 days) and I abandon the GC process altogether, does anybody envision any problem with my getting business visa from US consulate in future?
I will highly appreciate any feedback.
Best regards
rch
INS committed an error by extending my H1 only till April 2001 , i.e. just for 2 months completing my 6 years on H1 They did not extend H1 till Feb 2002 as was applied for. They did not consider the new law at all although the clauses were clearly mentioned in the H1 application.
My company sent a letter to INS for reconsideration of the date immediately after receiving this erroneous H1 mentioning that I cannot file I-485 although I became current. This was in beginning of May, 2001. No answer from INS yet.
My questions are.
1. Is it required to have a valid H-1 and I-94 to file I-485 ?
2. Is my legal status OK since my company has sent a letter to INS for reconsideration of the date and its not yet 240 days since my erroneous H1 expired in April 2001?
3. Am I allowed to stay here and work(although my H1 expired) on the ground that I cannot file I-485 in spite of being qualified to do so?
4. If I decide to permanently return to my home country before INS responds (before 240 days) and I abandon the GC process altogether, does anybody envision any problem with my getting business visa from US consulate in future?
I will highly appreciate any feedback.
Best regards
rch