What would be my status ???

V

vetagaadu

Registered Users (C)
My details are here:

02-08-2001...............Entered USA 1st time on Company "A" H1B (I-94 is valid thru 14 Feb, 2003).
04-28-2002...............Changed to Company B (Applied H1B and RD is May 02, 2003)
02-05-2003...............Denied Extension but approved H1B (NO I-94 attached here)
...............................(Reason stated that lack of submitting last 15 days paystub)
03-19-2003...............Appealed MTR for denial of Extension
(Supposed to appeal in 30 days, but INS center sent back and states to appeal in different center, so RD for MTR is Mar 19, 2003)
05-22-2003...............Left US
07-04-2003...............Got New Visa on Approved H1B (Company B)
09-09-2003...............Entered US second time (I-94 is valid until 16 Jan 2006)
12-15-2003...............GC filed (EAD, AP, I-140 & I-485) for me and spouse
I-735, AP and I-140 are Approved.

MTR for extension is still pending. If they approved my extension in MTR, then I am fine.

What if they deny MTR, then what was my status in the period between Feb 14, 2003 to May 22, 2003.

Could you please post your opinions.
 
If USCIS and DOS are well linked, then they won't approve your extension since you got a new visa and new I-94.

My understanding is that extension is for extending I-94 validity date as well as H-1 STATUS. Since you left the US and got a new visa on your passport, and since you obtained a new I-94 when you re-entered the US, I think you are fine.

In my opinion, you should withdraw your MTR.

What does your lawyer say?
 
c514468 said:
If USCIS and DOS are well linked, then they won't approve your extension since you got a new visa and new I-94.
Click to expand...

You mean in MTR they won't approve my ext, but why ? I applied when I was in US but later on I went back and got a new Visa.


My understanding is that extension is for extending I-94 validity date as well as H-1 STATUS. Since you left the US and got a new visa on your passport, and since you obtained a new I-94 when you re-entered the US, I think you are fine.
In my opinion, you should withdraw your MTR.

What does your lawyer say?
Click to expand...

If USCIS asks my status in that particular period, how can I show the status If I withdraw MTR ?

Attorney is saying, do not worry since I have got new I-94. Is this correct ?
 
You were out of status for 3 months or so. But the important thing is that they let you reenter the US and gave you a new I-94. Basically, you are forgiven by USCIS.

I was in a similar situation that they denied my extension but approved a new H-1. So, I left the US, got a new visa and got a new I-94. I was out of status for 2 months or so. My I-485 was approved without any RFEs.
 
c514468 said:
You were out of status for 3 months or so. But the important thing is that they let you reenter the US and gave you a new I-94. Basically, you are forgiven by USCIS.

I was in a similar situation that they denied my extension but approved a new H-1. So, I left the US, got a new visa and got a new I-94. I was out of status for 2 months or so. My I-485 was approved without any RFEs.
Click to expand...

WOW !!!! finally I got someone who really showed me a light. I am so confident now. Could you please tell me how you were in out of status.
Thank you very much.
 
vetagaadu, here is my story.

I asked the company to start an extension process a little over 3 months before the expiration of my visa. The company did ask a company lawyer then, but the lawyer thought it's too early so he decided to put it aside for awhile and then he forgot to file.

I did not ask the lawyer for update until one month after the expiration date. He gave a lame excuse, but accepted his mistake and file the petition then. The extension was denied, but the USCIS approved a new H-1. So, I left the US a few weeks later. Even though the lawyer wrote a letter to a US consulate abroad that the denial was his fault, I didn't have to use it, and I came back with a new visa stamp in my passport 2 weeks later. The lawyer paid for the airfare. This was 5 years ago.

My I-485 was filed in 2003 and it was approved this February.
 
c514468 said:
vetagaadu, here is my story.

I asked the company to start an extension process a little over 3 months before the expiration of my visa. The company did ask a company lawyer then, but the lawyer thought it's too early so he decided to put it aside for awhile and then he forgot to file.

I did not ask the lawyer for update until one month after the expiration date. He gave a lame excuse, but accepted his mistake and file the petition then. The extension was denied, but the USCIS approved a new H-1. So, I left the US a few weeks later. Even though the lawyer wrote a letter to a US consulate abroad that the denial was his fault, I didn't have to use it, and I came back with a new visa stamp in my passport 2 weeks later. The lawyer paid for the airfare. This was 5 years ago.

My I-485 was filed in 2003 and it was approved this February.
Click to expand...

Thanks c514468

Is your I-94 expires with first Visa expiration date ?
So totally you are here more than two months without I-94 validity
Is it right ?

But my case is little bit different. They mentioned I was not maintaining status for fifteen days (becaz I did not submit last 13 days paystub ONLY) and they denied. Is it similar to your problem or USCIS looks in different way ?

But very thanks for your clarification.
 
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