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I will be completing my first 3yrs of H1 in Sept 2010. My I-797 is valid till Sept 2010. I-94 & H1 visa expired on April 4th 2010.
My company has applied for 1-129 on April 1st 2010.
I have a few questions -
1. Since my 1-94 is expired and H1 too, am "I out of status"? - I-129 is still pending, I have received the receipt from USCIS on April 12, 2010.
2. If I am out of status, is it going to effect my visa renewal or H1 extensio?
3. What to do?
Your response will be highly appreciated, I am very confused.
Thanks & Regards.
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please advise what are my options. I-140 is pending and i have 9th year H1-B expiring Dec 2009. still working for same company. in case I-140 stays pending up to December 2009. what should i do to stay in status.
thanks in advance.
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Thank you for your time and I appreciate your effort.
I have two Approved I-140s (both filed by same company).
� Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
� Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
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I hope that they dont revoke my 140.
I didnt understand the 4th point.
Thanks for reply
4. If possible try to be in company's payroll till you complete 180 days after I-140 approval by taking a vacation.
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How come the company who is taking you didn't ask for unexpired EAD???
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In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
The I94 number is in the database. When I94 was extended that information is entered in the database as well.
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Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
If you are maintaining H-1B status, you can file for status extension and will get new I-94.
If you are using EAD and have I-485 pending "status" then I-94 extension is not necessary.
Not a legal advice.
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