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What is the name of your state? CA
I entered the US on H1B - and maintained it for 1.5 years
After that I changed to F1 (student) status for 2 years
After completing my degree, I changed back to H1 for the last 6 months.
I never departed from US ever since my last entry 4 years back.
How...
What is the name of your state? CA
My employer filed for my I-485 / I-140 sometime in Sept. He did not file for my (and my spouse's) EAD and AP document at that time.
Can I file for EAD and AP (for both of us) now ? Are there any pro's / con's ?
Lana is right....
Please do not leave the country and consult with a reputable (such as AILA) attorney IMMEDIATELY. If you leave the country, very little can be done to help you. However, if you are within the US - attorneys can help.
10 months of Overstay is very serious.
There's no way...
the current employer can find out you have filed for a new / transfer H1 with another employer unless you tell him.
Once you have filed your transfer papers and have obtained the transfer (suggest go for premium processing) there's nothing the original employer can do.
Its very unlikely you will be denied coz it seems you did not accumulate any days of unlawful presence as your I-94 was still valid.
You were out-of-status which is a lot lesser evil than unlawfully present - this is a VERY important distinction.
It is unlikely that any consulate can dig that...
Greetings from Singapore / Changi !
So - I entered on F2 (D/S on I-94). Hubby got H1 - my COS application did not get filed until 90 days of hubbys COS approval.
As of yesterday (9/15), I left the country - before any determination on my COS application was made. As of today (9/16) INS hasn't...
"And, that since my OPT was denied on April 08, 2004 my student visa "expired" on Feb 16, 2004 - which is 60 days after my graduation. This means, I've been "unlawfully staying" since Feb 16 which is 7 months. "
Did INS specifically mention you are unlawfully present since Feb 16 ?
Because if...
Please don't get me wrong.....
While it is true I am trying to say that I am not accruing unlawful presence yet, it is not my intention to get a COS within US. And that's the reason I am planning to leave the country in a week or so - BEFORE any determination of my being out of status is made...
That was an Attorney oversight.......
I had no idea of this violation until Friday.
I am planning to leave the US ASAP and apply for an H1 at my home country.
My concern now is can a lawyer intervene on my behalf should there be problems at the consulate ?
Tnx Atty Lana ! Here's some more....
I found some more information:
A. Duration of Status Cases: Although most non-immigrants are admitted for a specified period of time, students, exchange visitors, information media representatives ("I" visa holders), and holders of certain diplomatic visas...
Some research.....
I have been digging extensively into the web and here's what I have found, which gives me SOME hope.
Those entrants who do not have a date on their I-94, but are instead admitted for the duration of status (primarily students and spouses like me) do not accrue unlawful...
What is the name of your state? Nebraska
I entered the US on an F2 while my husband was on F1 / OPT valid until 7July 04.
On 15-Feb-04 my husbands H1 was approved. For some reason the lawyer forgot to file my COS to H4 at that the time my husbands H1 was filed. He filed it on 15-May and we have...
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