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My H1-B expired on 03/24/03. My I-140 was approved on 01/11/02. What should I do

My H1-B expired on 03/24/03. My I-140 was approved on 01/11/02. What should I do

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Old Apr 23rd 2003, 12:10 am
  #1  
Raj Cherukuri
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Default My H1-B expired on 03/24/03. My I-140 was approved on 01/11/02. What should I do

Hi:
My previous employment agency did not extend my H1-B visa after it
expired on March 24 2003. My I-140 was approved on November 2002. Now,
I have to switch employers and find a new job. I have one more year
remaining on my H1-B quota (i.e., I have completed 5 years of H1-B).
Can anyone help me in giving the correct pointers to proceed working
in status for another employer. Do I require a new H1-B, Can I apply
for the I-485 through another lawyer?. Any help is appreciated.
 
Old Apr 23rd 2003, 8:06 am
  #2  
Ingo Pakleppa
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Default Re: My H1-B expired on 03/24/03. My I-140 was approved on 01/11/02. What should I do

First, was the I-485 already filed? If so, you don't have to worry about
it.

It sounds, though, as if the I-485 wasn't filed yet - why not? At this
point, you would then be out of status.

To fix this, have your new employer file a new H-1B. You need to leave the
US and wait for the approval of the H-1B outside the US. Once approved,
you will need to apply for a new H-1B visa (warning: you may well be stuck
outside the US for six months).

Since you say that you need a new job, you would have to start over with
the Labor Certification and get a new I-140 before you can file an I-485.

On Tue, 22 Apr 2003 17:10:09 -0700, Raj Cherukuri wrote:

    > Hi:
    > My previous employment agency did not extend my H1-B visa after it
    > expired on March 24 2003. My I-140 was approved on November 2002. Now, I
    > have to switch employers and find a new job. I have one more year
    > remaining on my H1-B quota (i.e., I have completed 5 years of H1-B). Can
    > anyone help me in giving the correct pointers to proceed working in
    > status for another employer. Do I require a new H1-B, Can I apply for
    > the I-485 through another lawyer?. Any help is appreciated.
 

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