Urgent...Untimely expiration of H1B

V

vmshanbhag

New Member
My brother is on H1B visa valid till Jan 2004.
He has completed concurrent application of I 140 and I 485 for his Green Card and has EAD valid till Mar 2004.
He went to India on Nov 15th 2003 and his I 140 got approved while he was in India.
He returned to the US on Dec 15th and was informed by the US Immigration that his H1B visa expired on Dec 9th and because of which he is not being allowed to enter the US.

Does anyone know if H1B visa gets automatically cancelled if the I 140 gets approved? Or is there any other reason by which the H1B visa can get prematurely expired?

Please help...as time is of the essence....Thank you.
 
vmshanbhag,
Didn't your brother used Advanced parole while going to India? Ask your lawyer if he can file advanced parole on his behalf (I am not quite sure how it works)...I heard AP is available within a weeks time in case of emergency. Best of luck
 
The I140 approval should not trigger any change to the H1 status by itself, unless the employer, for some reason, decided to withdraw it. Or, did your brother change his W9 to use his EAD to work? That might invalidate his H1 status.

If the I797 approval date agrees with the H1 expiration date (jan 2004), I don't see any reason for the situation that you describe to occur. Is there more to the story than you described? Or, it could be the official at the PoE was just being a jerk, off course.

I'm not sure if he can apply for an AP, once he is outside the country.

I would pick up the phone and talk to his attorney, or better yet, get him to call his attorney himself and sort it out - don't wait for a response from this board in this situation, esp with the holidays coming up next week onwards and the stamped H1 expiring in January....

K
 
You must log in or register to reply here.
Top