Question on H1B filing and work status.

[rkakani]

Hi All,

The H1B extension which was filed during my 6th year of H1B quota, came back with period valid till Feb 3rd week, 2012. But my employer received the notice in the last week of March and the irony is still uscis.gov is showing the status as "Initial Review". That means, my earlier I-94 is expired now. I-140 was approved in the first week of April. A new H1B is being filed for me now. But can this be under H1B portability ? and can I actually start working after the H1B is filed, before it gets approved. I know that I have to travel internationally to reactivate the visa and get I-94. Any advise on this.

Thanks

[Attorney_10]

The facts of your case appear complex. It appears you may be out of status and accruing unlawful presence. Please schedule a consultation with an experienced immigration attorney ASAP to discuss the specific facts relating to your case and to determine whether you need to depart the U.S. and/or whether you have any work authorization.