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Posted on 21 Sep 2010
Q.

H1B denial of stay - Stamping period

Since 3 years('08-till date),I am working on spouse's I485. Due to some constraints, I applied for H1 in '10 based on my previous h1B '07 to '09(used for 9 months during 2007(4& 5 months)got 485 end of '07. Recent H1 approved with CP but am denied COS with reason being "H" nonimmigration classifcation, is ineligible for extn of stay or change of status due to out of status period from my previous H1B in which, I don't have paystubs for period of 9 months in 2007.My question is, for my recent H1 approved on 23 April 10 is H1 clock ticking and should I be going for H1 stamping before 6 months period OR can I go anytime as I am staying & working on my I-485 ? Does it mean 6 months out of status time is not ticking from April 23 since I am on I-485? Can i work on H1 if enter on Advance Parole

User's Location: Detroit, Michigan, United States of America
Category: H1B Visa (Work Visa)
Posted on 21 Sep 2010
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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