modernwarrior Posted November 9, 2011 Report Share Posted November 9, 2011 Hello All, Need some guidance on this situation... I was working on H1B and due to the economic downturn, was laid off by client company. My Labor and I-140 were approved through company A. My employer- Company A cancelled my H1b visa within a month of me being laid off. Before Company A sent the notice to cancel to USCIS, company B filed for my H1B transfer. Company A I-94 was valid till Sep 9, 2009. They cancelled my visa in May 2009. Company B filed in May 2009. The I-94 was approved from Sep 10, 2009 to end of 6 years on H1B. My approval notices have continuous dates for I94 validity with no gaps. Even though Company B filed for my transfer, I was not able to start working for them till after a few months since the job market was bad. Hence I do not have paystubs from May 2009 till end of year 2009. I do realise that I have to be continuously paid while on H1B to maintain status, but had no option. I am applying for I-485 shortly (based on company A's I-140) and for the purposes of filing for I-485, what constitutes being out of status? Is it staying on after I-94 expired? W2/tax documents are not on the list of required documentation for I-485, so is there a possibility that my I-485 will be approved without any issues? How do I handle this situation? Please help... Link to comment
Belle Posted November 9, 2011 Report Share Posted November 9, 2011 Being out of status mean a status violation of any kind, including not being paid. Staying after I-94 expired is considered to be illegal presence, which is different and a lot worse. Link to comment
modernwarrior Posted November 10, 2011 Author Report Share Posted November 10, 2011 Thanks Belle for your response. Can somebody please guide me on how to handle this situation since I will be filing for my I-485 soon. How will this impact my I-485 application? Link to comment
modernwarrior Posted November 14, 2011 Author Report Share Posted November 14, 2011 What is a safer option in the above scenario..AOS or CP? Is there any impact of employer A cancelling my H1B on the I-94 validity? Employer B had filed for H1 transfer before the cancellation notice was sent by Emp A. USCIS approved emp B's H1 petition from the end date of emp A's I-94...hence my question. Please help...Attorneys.....anybody... Is AOS or CP recommended? Link to comment
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