urgent: Terminated on H1 due to last action rule> What are my options?

W

Worried Sue

New Member
I am a researcher. Inbetween 2 jobs, in may2008, before my H1 expired, I applied for change of status to B2 visa. I got a job and got an H1 visa from october 2008 (full disclosure of my pending B2 visa was made). I was adviced by the company's lawyer to cancel my B2 visa after i started work, which I did. Unfortunately my B2 visa approval came in Nov 2008 for 1 month (nov-dec 2008). Now, when i was looking to apply for GC, I was told about LAST ACTION RULE and that my status is actually not current. I am very peturbed and worried. If that is true, I have been not in proper status for 2 years! I sought clarification from company's lawyer, who prompty informed my institute. People at my work terminated me as soon as they became aware of it. My institute is willing to 'help me' and 'take me back' provided I sort the mess.
My options are

1. To file for a Nunc pro truc through the institute -however the lawyer is unwilling to accept any fault. I wonder what are my chances?

2. Is there any bridging clause that can be used in my case H1-B1-H1?
3. Any other sugggestions?

I appreciate your time and response.
Thank you
Sue

TIME LINE:

FIRST H1- JUNE 2006-MAY 312008
B1 APPLICATION- MAY 2008
SECOND H1- OCT 2008-SEP 2011
B2 CANCELLATION
REQUEST LETTER SENT- OCT24, 2008
B2 APPROVAL RECEIVED- NOV 2008-DEC 2008.
 
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