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.
 
Denied extension, Approved H1 - Basically USCIS was trying to say that they have approved your petition but you need to go to your home country (or third country) with your appproved H1 & get your visa.

And, you did that. I don't see any issues with this.
 
usnycus said:
Denied extension, Approved H1 - Basically USCIS was trying to say that they have approved your petition but you need to go to your home country (or third country) with your appproved H1 & get your visa.

And, you did that. I don't see any issues with this.
Click to expand...

Thanks usnycus,

But I was here with expired I-94 for three months know. What was my status in that period ?

Someone says:
becaz I opened MTR, my status should be OK according to law "as long as any application pending with USCIS, the person treated like they have legal status"

But someone says:
Whatever it may be, if we stayed without USCIS authorization even for singtle day, it becomes illegal status. (Except whose applications are pending, NOT motions).

Which one is right here ?
 
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