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Posted by
javabk
on 18 Aug 2008 |
| Q. |
Inquiry
I'm in EB3 category, my labor priority date is April 04 and I filed my I140 & I485 concurently back in July 07 (still pending). My H1b expired on July 06 (first H1b). I applied for an extention but have yet to receive the approval. It keeps showing online that my case was received and still pending! I paid the extra fees for premium processing, back in July 07, and it showed that the file was opened for a few days but the stauts didn't change. Last activity showed on the file was back in July 07!
My question is, Am I out of status without my h1b visa? And is that gonna affect my GC process?
Thank you for your prompt reply.
User's Location:
Los Angeles, California, United States of America
Category:
Employment-based Green Card
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| Posted by
Fredrick W. Voigtmann
on 19 Aug 2008 |
| A. |
Did you obtain an Employment Authorization Document (EAD)? If so, then your H-1B really is not necessary. If not, then you may have violated your status if you worked without authorization. Usually, a timely filed petition for extension of status (the petition filed on your behalf in July 2006) will keep a worker in status while it is pending. If it remains pending for more than 240 days however, there could be a scenario wherein the worker may not be authorized to work after that. If you have been out of status or worked without authorization for more than six months prior to the filing of your adjustment of status application, it could result in your not being eligible for adjustment of status in the United States, and you would have to complete the rest of your case by applying for an immigrant visa in your home country (assuming you are also not subject to the three or ten year bars for being unlawfully present in the U.S. for more than six months or one year).
Most likely, however, if you did apply for and obtain your EAD, then the H-1B is irrelevant. An immigration attorney can assist you in inquiring and finding out what happened to that old H-1B petition. The online case status system is not always accurate or up to date. In the alternative, you could call the NCSC 1-800 number to inquire on your case, but it will not be as effective as hiring an immigration attorney to advise you. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Posted by
javabk
on 19 Aug 2008 |
| Q. |
Well the bad news is I never applied for EAD. I was told that as far as my H1b is still pending, I'll be in status. Aslo, that since my I140&485 are still peding, i'm also in status. I'm kind of confused here. I started this process back in 2003 and Im not ready to call it quit because of such mistake. Please tell me that there is something I can do. Like what if i get my H1b approved? Would that help now or it's too late. What if I apply for EAD now, is it the same senario, tool late I mean? What if my h1b get denied for an odd reason? What will happen then?
What is my options? And what's the solution?
I thank you again for your prompt reply.
Ahmad |
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| Posted by
Fredrick W. Voigtmann
on 20 Aug 2008 |
| A. |
IF your H-1B petition is still pending (I doubt that it is, but anything is possible), then you are still in status, and you should apply for the EAD right away anyway.
IF your H-1B petition has been denied due to abandonment (i.e., you did not receive or respond to a request for additional evidence, or to a notice of intent to deny), then you have worked for more than six months without authorization, which makes you ineligible for adjustment of status in the United States, and may complicate any immigrant visa processing abroad as well.
It is very important that you retain a competent immigration attorney, who can inquire about your H-1B petition, find out what happened, and advise you of your options. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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