Am I in Status?

Old Jan 18th 2001, 12:17 pm
  #1  
ATT-Hari
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Hi Gurus,

My current H1 expired on 1st Oct 2000. My lawyer filed an extension by 28th Sept 2000.
The RD I hear from the voice message is 5th Oct 2000. I want to know whether I am in
status. Today, I received from my lawyer stating that I have to leave the country end of
this month.

Had anyone been in similar situation ? Am I in status or will my status become illegal ?

Thank you, Hari
 
Old Jan 18th 2001, 1:44 pm
  #2  
Kevin
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I think there is a rule that anyone who is filing a non-fraudalent application for change
of status is legal in the U.S. for 120 days after the receipt date on the receipt notice.
I think, that's what the lawyer is talking about.

> Hi Gurus,
>
>
> My current H1 expired on 1st Oct 2000. My lawyer filed an extension by
28th
> Sept 2000. The RD I hear from the voice message is 5th Oct 2000. I want to know whether
> I am in status. Today, I received from my lawyer stating that
I
> have to leave the country end of this month.
>
> Had anyone been in similar situation ? Am I in status or will my status become illegal ?
>
>
> Thank you, Hari
 
Old Jan 18th 2001, 4:40 pm
  #3  
ATT-Hari
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Thank you kevin.

Do you is there a legal way of exiting out of this country in such cases ? I want to exit
legally out of this country. Is there any form or sought of documentation that I need to
provide to INS ?

Thank you,

Hari

> I think there is a rule that anyone who is filing a non-fraudalent application for
> change of status is legal in the U.S. for 120 days after
the
> receipt date on the receipt notice. I think, that's what the lawyer is talking about.
>
>

> > Hi Gurus,
> >
> >
> > My current H1 expired on 1st Oct 2000. My lawyer filed an extension by
> 28th
> > Sept 2000. The RD I hear from the voice message is 5th Oct 2000. I want
to
> > know whether I am in status. Today, I received from my lawyer stating
that
> I
> > have to leave the country end of this month.
> >
> > Had anyone been in similar situation ? Am I in status or will my status become
> > illegal ?
> >
> >
> > Thank you, Hari
> >
> >
 
Old Jan 18th 2001, 4:56 pm
  #4  
Kevin
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Posts: n/a
Default

When you check-in at the international flight, your I-94 Form (the white little slip
stapled to your passport at the time of entry) will be taken away and sent to INS. If I
were you, I would keep some proof of travel, such as the remaining part of the fligh
ticket or boarding pass.

> Thank you kevin.
>
> Do you is there a legal way of exiting out of this country in such cases
?
> I want to exit legally out of this country. Is there any form or sought of documentation
> that I need to provide to INS ?
>
> Thank you,
>
> Hari
>
>

> > I think there is a rule that anyone who is filing a non-fraudalent application for
> > change of status is legal in the U.S. for 120 days after
> the
> > receipt date on the receipt notice. I think, that's what the lawyer is talking about.
> >
> >

> > > Hi Gurus,
> > >
> > >
> > > My current H1 expired on 1st Oct 2000. My lawyer filed an extension by
> > 28th
> > > Sept 2000. The RD I hear from the voice message is 5th Oct 2000. I
want
> to
> > > know whether I am in status. Today, I received from my lawyer stating
> that
> > I
> > > have to leave the country end of this month.
> > >
> > > Had anyone been in similar situation ? Am I in status or will my
status
> > > become illegal ?
> > >
> > >
> > > Thank you, Hari
> > >
> > >
> >
> >
 
Old Jan 21st 2001, 6:10 pm
  #5  
Ingo
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Posts: n/a
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Actually, it's 240 days.

>I think there is a rule that anyone who is filing a non-fraudalent application for change
>of status is legal in the U.S. for 120 days after the receipt date on the receipt notice.
>I think, that's what the lawyer is talking about.
>
>

>> Hi Gurus,
>>
>>
>> My current H1 expired on 1st Oct 2000. My lawyer filed an extension by
>28th
>> Sept 2000. The RD I hear from the voice message is 5th Oct 2000. I want to know whether
>> I am in status. Today, I received from my lawyer stating that
>I
>> have to leave the country end of this month.
>>
>> Had anyone been in similar situation ? Am I in status or will my status become
>> illegal ?
>>
>>
>> Thank you, Hari
>>
>>
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 
Old Jan 21st 2001, 6:17 pm
  #6  
Ingo
Guest
 
Posts: n/a
Default

:

>Hi Gurus,
>
>
>My current H1 expired on 1st Oct 2000. My lawyer filed an extension by 28th Sept 2000.
>The RD I hear from the voice message is 5th Oct 2000.

I hope the attorney sent it USPS with return receipt requested. The date INS received the
envelope is the filing date, not the RD. In your case, that can be the critical
difference.

>I want to know whether I am in status.

Assuming that INS received the application on or before October 1, yes. Your H-1B is
automatically extended by 240 days (which means, until some time in May). Once these 240
days are up, if you haven't received your approval yet, you will still be allowed to
remain in the US but cannot continue working. However, you CAN - and in that case should -
go to the nearest INS city office and apply for an interim Employment Authorization
Document. Once you have that you will again be permitted to work.

>Today, I received from my lawyer stating that I have to leave the country end of
>this month.

Based on what? I have the feeling that the lawyer needs to do some more research. You may
want to call a second attorney and get a second opinion.

I would advise you NOT to leave the US because that can possibly render you retroactively
out of status (yes, that's possible, although I believe INS no longer uses this policy).
The idea is that by leaving the country, you abandon your H-1B extension application; it
will be treated as if you had never filed it. But this application was the basis for you
being in lawful status since 10/1, so since the application is considered to be never
filed - well, you get the idea!

>Had anyone been in similar situation ? Am I in status or will my status become illegal ?

You are in status "pending H-1B extension".

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 
Old Jan 30th 2001, 2:26 pm
  #7  
tomsri
Guest
 
Posts: n/a
Default

Hi Hari,

Can u mention what RD is about and what was the reason that attorney told for leaving
the country.

Thanks Tomsri

In article <[email protected]>,

> Hi Gurus,
>
> My current H1 expired on 1st Oct 2000. My lawyer filed an extension by 28th Sept 2000.
> The RD I hear from the voice message is 5th Oct 2000. I want to know whether I am in
> status. Today, I received from my lawyer stating that I have to leave the country end of
> this month.
>
> Had anyone been in similar situation ? Am I in status or will my status become illegal ?
>
> Thank you, Hari
 

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