Very Very Urgent...Please help

I

ivar

Registered Users (C)
Hello,

I need some experts opinion on this issue.
One of my friend H1B expired on Jan and He didn't apply renewal.

I think, it is stupid thing. Please i need experts and experience person opinion on this.

He applied Greencard during H1B status on....
It got expired during Jan, but he was waiting for EID with out apply H1B renewal because his stupid lawyer didn't allow him to apply H1B extention ( because of EID is going to come.)
But ultimately.....EID didn't come and his I140 rejected due to salary reason.
Now he doesn't have h1B and no status on GC.

Is there any options for him to apply H1B extentions.
Does anyone has same situation as above. May be stupid thing not apply extention.

But i need help here. Please advice me......


thanks in advance...
 
GC_Paraniod thats not true.. He is out of status and that too for a long time

It will be difficult to extend H1 since his previous H1 and immigration status and most probably I-94 as well have all expired . You need all these In addtion to a job (payslip) to apply for H1 Extension. Those days of H1 approval without much paperwork are loooong gone.

He will attract 3yr / 10 yr ban on entering US ...

I am not trying to scare you but just trying to tell you about the reality.

Ask him to talk to a very very good lawyer such as Rajiv...

Good luck.
 
He is out of status for the last three months. Didn't he apply for EAD (not EID) after the approval of I-140?

Ask him to contact a very good attorney immediately.
 
if it has been over 180 days since his H1B has expired then he is out of status else he could apply for new H1.
 
I remember my company lawyer telling me that H1B extension can be applied within 180 days of expiry.

ask ur friend to contact a good lawyer.
 
Not in serious problem

He can apply H1B ext. now as he is not out of status for more than 180 days. I applied for H4 extesion for my wife after 120 days and it got approved with out any problem.
 
dodital

I-140 and H1 are different streams. Even when your I-140, I-485 are rejected, you can still stay here on H1 (of course, for that max allowable time 6 years).

Bob
 
dodital

Thats what I said. You can apply for new H1 (within 180 days of current H1 expiry date) even when you I-140 is rejected.

Bob
 
Ask your friend not to worry..........

Hi IVAR,

Well I was in similar situation in which your friend is in now.

First of all nothing to worry about.

I was on leave without pay when my H1 expired and my company did not file for my H1 extension. I got a new job after around 3 months of my H1 expiration.
Now I need a H1 transfer for new job, but before that I am suppose to have a valid H1. So my attorney, filed for H1 extension first, after getting the extension approved from BCIS, I resigned from my previous company and then filed for my H1 transfer.
BCIS called my for an interview and asked me the reason why I did not file for my extension.
I was honest with them and told them I was negligent, plus I was on leave without pay. Anyhow, they gave me H1 transfer for the new company but asked me to get the visa stamp from INDIA, New Delhi consulate only. I coould not get my passport stamped with new visa from US itself (I hope you are aware that you can get your passport stamped in US also, incase of H1/H4 extension or transfer).
Anyhow, I went to New Delhi for a short trip and got my new visa stamped on my passport without any problem.

In short, tell your friend not to get tensed, Just file for his H1 extension first with the service of some attorney, and while filing, if attorney feels OK, send BCIS a letter of appolgy for being negligent. Just be honest to BCIS. I am sure he will get through this.

Take it easy.
 
Hello Everyone,

Thanks for your replies.

vinidel1: H1B expired happen recently or 1 or 2 years back.
I think, INS is new now. Does they accepts this kind of case.
But i really appreciated your reply.

bbbishop,GCWORLD, gcrk ,confusios2,ar888 : Thank for your replies.

eternity : thanks for your reply. I know reality. But i want my friend to try his best way.

All replies are appreciated.

Good thing is....he has very good job. but........
Still looking anymore answers for this issue.

Thanks.
 
wait for 245(i)

ivar:
Your friend is out of status, and nothing he can do to get either an extension or a new H1. But, tell your friend not to panic, because he is not out of hope. This is my recommendation: (1) stay on the same job, or find a job from which he can get sponsored from the company to get greencard. (2) get on track to the process of applying greencard. (3) wait for Senate to pass 245(i) extension and Bush to sign it into law AGAIN. (4) pay $1,000.00 fine to BCIS for not staying in staus. (5) Your friend is a free bird.

This is my story: My lawyer's secretary forgot to mail my H1 application package. We didn't find this out till 3 months (7/2000) after my H1 expired. The lawyer filed motion for reconsideration and blamed himself. The motion was turned down by then INS (11/2000). Congress passed 245(i) in 12/2000 and allowed people out of status to apply for greencard with $1000 fine if they can find a job/sponsor by 4/2001 . I was one of the people benefiting from 245(i) and I got my greencard in 1/2003.

Now 245(i) extension has expired, but is fully expected to be extended. Just no body knows when. Maybe after the Iraqi wars. Maybe sometime after that. Just find a job, and stick to it. Don't be too deprssed.:)
 
Hello Chuang,

Thanks for your reply. I really appreciate that. My friend is trying to contact good lawyer, let us see...what he says. i will post details.

My friend has job now. He is fine in job.


Thanks again.
 
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