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H1B status gap
Dear All,
Maybe someone has similar experience.
I entered US in May 2000 on B1 which with extension expired on 12/31/2000. On 12/18/2000 I filed a petition for H1B which was granted on 2/27/2001 (and valid until 12/31/2003). This created a status gap.
Then in September of 2003 my company was closed and I found another job and obtained a new H1B visa. This one was valid between 11/15/2003 and 11/15/2006. Before it expired I filed for extension as I have approved I140 plus my green card petition was in Labor Department for more that 12 months. I received the extension of my H1B status until 11/15/2009.
My lawyer told me that before I apply for adjustment of status I MUST NOT have any gaps in my H1B status since the last entry to the US. Another words if I have one(s) I just have to go back to my country of origin and come back. I don't have a problem with that but I would rather wait for at least advance parole.
Do anyone know if what my lawyer says is true? I never worked on my B1 visa nor during any of the gap periods. Is there any way to avoid that trip?
I would appreciate if anyone could share his/her experience/knowledge.
Best regards,
Tom
Maybe someone has similar experience.
I entered US in May 2000 on B1 which with extension expired on 12/31/2000. On 12/18/2000 I filed a petition for H1B which was granted on 2/27/2001 (and valid until 12/31/2003). This created a status gap.
Then in September of 2003 my company was closed and I found another job and obtained a new H1B visa. This one was valid between 11/15/2003 and 11/15/2006. Before it expired I filed for extension as I have approved I140 plus my green card petition was in Labor Department for more that 12 months. I received the extension of my H1B status until 11/15/2009.
My lawyer told me that before I apply for adjustment of status I MUST NOT have any gaps in my H1B status since the last entry to the US. Another words if I have one(s) I just have to go back to my country of origin and come back. I don't have a problem with that but I would rather wait for at least advance parole.
Do anyone know if what my lawyer says is true? I never worked on my B1 visa nor during any of the gap periods. Is there any way to avoid that trip?
I would appreciate if anyone could share his/her experience/knowledge.
Best regards,
Tom
