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  • Out of Status?

    Hi. I am in the process now of applying on my I-485. I already have an approved I 140. Now on review from the lawyer, He noticed that after I transferred employer in 2011, My H1B was not processed as an extension for some reason ( I was not aware of this). I stopped working for Employer A on July 15. Stayed in the US the whole time until I got my I797 Notice of approval which was valid from Oct 2011 to July 2014. Now I am told that I was out of status and am in danger of being barred from coming back. Now I have worked for employer B for almost 3 years now. Any thoughts? Should I go ahead with the I-485 application and get a advance parole? Apply for another H1? Apply for a late H1B starting 2012 when my last H1 from Employer A expired? Advices?

    I'm Desperate. Please help!

  • #2
    Originally posted by Floridadoc View Post
    Hi. I am in the process now of applying on my I-485. I already have an approved I 140. Now on review from the lawyer, He noticed that after I transferred employer in 2011, My H1B was not processed as an extension for some reason ( I was not aware of this). I stopped working for Employer A on July 15. Stayed in the US the whole time until I got my I797 Notice of approval which was valid from Oct 2011 to July 2014. Now I am told that I was out of status and am in danger of being barred from coming back. Now I have worked for employer B for almost 3 years now. Any thoughts? Should I go ahead with the I-485 application and get a advance parole? Apply for another H1? Apply for a late H1B starting 2012 when my last H1 from Employer A expired? Advices?

    I'm Desperate. Please help!
    Cant understand how you went out of Status. Was your H1 transfer in 2011 approved as Consular process? Didnt you get a new I-94 along with the I797? If not then am afraid you are indeed out of status. How come you got your employment verification, license renewal done with an expired I-94?

    If you overstayed after the I-94 expiry for more than 180 Days then yes there indeed is a chance of potential ban for 3 Years. Advisable to take a second opinion from a reputed attorney before jumping to conclusions.

    This is my opinion not legal advice.

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