| Q. |
H1B Question
Mr Michaliov
I have talked with my attorney. They have denied the motion of reconsider because mailed out 1 day late. It is not denied , they did not even consider open the case because of being late. Like you assumed I have not left the country yet. I have spent almost 8 yrs here waiting on the line. They denied my H1b just being out of work for 4 months. I have not even work for any other company during the period.
Like I said my 140 and 485 pending. My lawyer looking ways to appeal mailing delay her response is she mailed with corruier not us mail.
My EAD approved 8/22/08 according to new 245 k(july 14,2008) law once your EAD approved clock stops? Is that true?
What should I do ? I have spent thousands and thousands dollar for this mess.
Thanks.
User's Location:
dallas, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
Thanks for your question and sorry to hear about the denial of the motion to reconsider (MTR). Was this the attorney's fault? It may be a stretch and it will most likely not work, but you can try to re-submit the MTR with an explanation of the delay (e.g. attorney error, mailing service delay). Again, such waiver is very difficult to obtain, but it may work. I am not sure I understand the comment about your attorney filing using a courier as opposed to US Mail - in my experience courier services such as FedEx are significantly more reliable than US Mail.
In any case, such appeal may not be necessary. In a USCIS memorandum by Donald Neufield dated as of July 14, 2008, the period of unauthorized employment stops when your EAD was approved (August 22, 2008). The relevant text is:
"With respect to engaging in unlawful employment, the count commences on the first date of the unauthorized employment and continues until the date the unauthorized employment ended, the date an employment authorization document (EAD) is approved, or the date the pending adjustment of status application is adjudicated."
Link to the memo is: http://www.laborimmigration.com/wp-content/uplo...
That means that the clock of accumulating the 180-day limit has stopped for you on August 22, 2008. I suggest you present your EAD to your employer so that you are on the record with them that you are using your EAD to work as opposed to your H-1B.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.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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