JJB

I was in H1B and it has expired in March 2003 (I-94 also expired same date). My employer filed for extension in February 2003 itself. Meanwhile I applied for I-140/I-485/EAD/AP through my spouse (medical field!!), I sent my Receipt notice of H1 renewal with the application. Anyway, we got our EAD and AP in January 2004. Immediately after that, I left my employer and moved to a new place. My spouse started working for the sponsor and presently I am looking for a job. My spouse’s I-140 got approved in March 2004. Eventually I learned that in sometime in January my H1 also got approved. I not collected that from my previous employer.

My questions are:

1 Whether I have to collect that approved H1?
2 Our I-94 is expired, is it cause a problem, anytime in the future?
3 Whether I have worry about H1 status in case there is an interview for AOS?
4 If our I-94 is expired, are we out of status?
5 We not submitted the medical examination form along with the I-485 applications (we have receipt notice of I-485), Is it cause a problem?

Thanks,

JJB

JJB

Please somebody help me.

Thanks in advance,

JJB

Sylvia Ottemoeller

"JJB" <member26122@british_expats.com> wrote in message
news:[email protected]...

    > I was in H1B and it has expired in March 2003 (I-94 also expired same
    > date). My employer filed for extension in February 2003 itself.
    > Meanwhile I applied for I-140/I-485/EAD/AP through my spouse (medical
    > field!!), I sent my Receipt notice of H1 renewal with the application.
    > Anyway, we got our EAD and AP in January 2004. Immediately after that, I
    > left my employer and moved to a new place. My spouse started working for
    > the sponsor and presently I am looking for a job. My spouse's I-140 got
    > approved in March 2004. Eventually I learned that in sometime in January
    > my H1 also got approved. I not collected that from my previous employer.
    > My questions are:
    > 1 Whether I have to collect that approved H1?

There is no such thing as "collecting" an H-1B. When you left the job you
violated the terms of the H-1B, and the employer should have withdrawn the
petition.

There is one odd thing. Apparently the H-1B extension petition took a year
from filing to approval -- it could have taken less, but you did not hear
about it. You only have 240 days of employment authorization (after the
expiration of the valid status) based on a pending H-1B extension petition.
You therefore may have been working in violation of status between about
November 2003 and January 2004. However, you have "forgiveness" for up to 6
months of unauthorized employment under 245(k), if your I-485 is based on an
employment-based immigrant petition, which yours was.

    > 2 Our I-94 is expired, is it cause a problem, anytime in the future?

If the I-485 was properly filed before the I-94 expiration date, no.

    > 3 Whether I have worry about H1 status in case there is an interview for
AOS?

Probably not, but judging by other elements of your case that you have
mentioned, it is probably a good idea to have a competent immigration
attorney review all the facts of your case and all your paperwork.

    > 4 IF our I-94 is expired, are we out of status?

Same as answer to #2.

    > 5 We not submitted the
    > medical examination form along with the I-485 applications (we have
    > receipt notice of I-485), Is it cause a problem?

This will probably cause a problem. The USCIS will have to request that you
submit the medical exams, and your case will be delayed.

It is unlikely that you had a good immigration attorney assisting with your
wife's case, because even mediocre attorneys know that all employment-based
I-485s *must* have the medical exam submitted together with the I-485.

JJB

Thank you very much Sylvia. Appreciated.

for my questions 2 (Our I-94 is expired, is it cause a problem, anytime in the future?) you answered "If the I-485 was properly filed before the I-94 expiration date, no."

Infact March 15th our Visa as well I-94 expired. In May only we filled for AOS? That why I send H1 renewal receipt notice along with AOS application. Is this means there is a problem?

Thanks in advance..

JJB

Sylvia Ottemoeller

"JJB" <member26122@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Sylvia Ottemoeller

    > > "JJB" <member26122@british_expats.com> wrote in message
    > >
news:[email protected]"]news:[email protected][/url]...
    > >
    > > > I was in H1B and it has expired in March 2003 (I-94 also expired same
    > > > date). My employer filed for extension in February 2003 itself.
    > > > Meanwhile I applied for I-140/I- 485/EAD/AP through my spouse (medical
    > > > field!!), I sent my Receipt notice of H1 renewal with the application.
    > > > Anyway, we got our EAD and AP in January 2004. Immediately after that,
I
    > > left my employer and moved to a new place. My spouse started working for
    > > > the sponsor and presently I am looking for a job. My spouse's I-140
got
    > > > approved in March 2004. Eventually I learned that in sometime in
January
    > > > my H1 also got approved. I not collected that from my previous
employer.
    > >
    > > My questions are:
    > > > 1 Whether I have to collect that approved H1?
    > >
    > > There is no such thing as "collecting" an H-1B. When you left the job
you
    > > violated the terms of the H-1B, and the employer should have withdrawn
the
    > > petition.
    > >
    > > There is one odd thing. Apparently the H-1B extension petition took a
year
    > > from filing to approval -- it could have taken less, but you did not
hear
    > > about it. You only have 240 days of employment authorization (after the
    > > expiration of the valid status) based on a pending H-1B extension
petition.
    > > You therefore may have been working in violation of status between about
    > > November 2003 and January 2004. However, you have "forgiveness" for up
to 6
    > > months of unauthorized employment under 245(k), if your I-485 is based
on an
    > > employment-based immigrant petition, which yours was.
    > >
    > > > 2 Our I-94 is expired, is it cause a problem, anytime in the future?
    > >
    > > If the I-485 was properly filed before the I-94 expiration date, no.
    > >
    > > > 3 Whether I have worry about H1 status in case there is an interview
for
    > > AOS?

    > Probably not, but judging by other elements of your case that you have
    > > mentioned, it is probably a good idea to have a competent immigration
    > > attorney review all the facts of your case and all your paperwork.

    > > 4 IF our I-94 is expired, are we out of status?
    > >
    > > Same as answer to #2.

    > for my
    > questions 2 (Our I-94 is expired, is it cause a problem, anytime in the
    > future?) you answered "If the I-485 was properly filed before the I-94
    > expiration date, no."
    > Infact March 15th our Visa as well I-94 expired.
    > In May only we filled for AOS? That why I send H1 renewal receipt notice
    > along with AOS application. Is this means there is a problem?

My answer is correct, but does not address your situation. I should have
said, "If the I-485 was properly filed before the I-94 expiration date, or
before the expiration of authorized stay, then the expired I-94 will not
cause a problem. The period of authorized stay may be based on a timely
filed, nonfrivolous application for extension of status."

It appears that you are O.K., because the H-1B extension petition filing
gave you 240 days of authorized stay, and before that 240 days was over, the
I-485s were filed.

JJB

Thank you for your precise answer. Thank you very much.

JJB