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Attorney_22

Status Issues and Unlawful Presence

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This week, Murthy Law Firm attorneys will answer questions regarding status issues and unlawful presence.      

Rules for Topic of the Week Threads:
1.    Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2.    The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3.    The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4.    Please do not provide information which would identify any specific company, university or individual.
 

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I came to USA on b1/b2 and my parents were not able to sponsor me as i was age out. So now i am married and waiting for my husband green card interview. Is there any way if I can get benefits from him. He had applied eb3. 

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Hello,

My I-94 was expired in Sept'18. H1B extension filed by my current employer was denied in Nov'18. I am exiting the current employer by end of Nov'18. Meanwhile i got a job offer from another employer. 'change of employer' petition was filed by my new employer for me in Aug'18 which was approved in Nov'18. I will be joining my new employer from Dec'18. (Approved H1B is valid from Jul'18.) 

In this case will my presence be considered unlawful from Sept'18 till Nov'18? If not what would be my status during this period?

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Lost the status when I had a job loss on H1b  in july 2018, I am still looking for a job ,  my I-94 is valid until  Aug 2019.  I plan to eventually find a job and go to home country for H1b visa stamp.

Given this circumstance on what day will i start accruing unlawful presence ? 

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On 11/29/2018 at 10:15 PM, Nina patel said:

I came to USA on b1/b2 and my parents were not able to sponsor me as i was age out. So now i am married and waiting for my husband green card interview. Is there any way if I can get benefits from him. He had applied eb3. 

It is not clear from your notes the complete situation. Please call our office to schedule a consult with one of our attorneys. That attorney can then discuss in the detail your particular situation and the options available to you.  

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On 11/30/2018 at 12:48 PM, Amarillo said:

Lost the status when I had a job loss on H1b  in july 2018, I am still looking for a job ,  my I-94 is valid until  Aug 2019.  I plan to eventually find a job and go to home country for H1b visa stamp.

Given this circumstance on what day will i start accruing unlawful presence ? 

Unless a determination is made that you are out of status, ULP should not start to accrue until August 2019. However, based on the details you provided, it appears you are currently out of status and beyond the 60 day grace period. 

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Hi,

I was laid off by my previous employer A in July 2018 and asked to transfer in 60 days. I found a new employer B and in approx 1 month and initiated my H1B Visa transfer and joined B on receipt number. Employer B transfer got rejected today, attorney haven't received denial notice yet. I checked and looked like my Employer A I 797 is not revoked yet which is valid till Aug-2021. What Options I have?

Can I stay, but not work and initiate new H1 Transfer for same employer B and client? 

Can I stay, but not work and initiate new H1 Transfer for other employer/client? 

Am I out of status after receiving the denial notice or can do above mentioned transfer activities staying in US? Please help and advise.

Regards,

Sachindra

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20 hours ago, Sachindra said:

Hi,

I was laid off by my previous employer A in July 2018 and asked to transfer in 60 days. I found a new employer B and in approx 1 month and initiated my H1B Visa transfer and joined B on receipt number. Employer B transfer got rejected today, attorney haven't received denial notice yet. I checked and looked like my Employer A I 797 is not revoked yet which is valid till Aug-2021. What Options I have?

Can I stay, but not work and initiate new H1 Transfer for same employer B and client? 

Can I stay, but not work and initiate new H1 Transfer for other employer/client? 

Am I out of status after receiving the denial notice or can do above mentioned transfer activities staying in US? Please help and advise.

Regards,

Sachindra

It is highly advisable to call our office and speak to an attorney regarding your particular circumstance. 

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