Confusing Situation

[brdavidjr]

Hi all!

My I-94 (R1) expired on October 1, 2008. My employer filed for an extension with an I-129 which was received by USCIS on September 20, 2008. Wanting to know what to do, I set up an appointment with my local USCIS office.

I was told by the USCIS officer that I could no longer work as a paid/salaried employee as soon as my status expired. I could however work as a volunteer. So, my employer cut-off my salary effective October 1.

I've been reading from several websites that I could continue to work for 240 days until the extension is granted. On some websites it is 180 days.

Some of my colleagues say I might even be out of status.

This is all getting to be confusing. In the meantime, I am struggling to support myself with some savings I have.

Could somebody here please help me?

There is also a pending I-360 petition for me which was received by USCIS on April 16, 2008


Some details:

Original R1 Status - October 1, 2005 to October 1, 2007

(left the US in August 2006)
(given an R1 visa from US embassy in my native country)

Issued I-94 upon return to US (this expired in Oct 1, 2008)

[pietersteyn]

Your employer might be fined if USCIS find out that you have been paid while out of status. USCIS also still have to do a site visit to ensure that your job was "legitimate" before they will approve I-360 Petition. Rather wait for extension of I-129. It is safer because of all the fraud in religious visa category.