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H1B amendment approved without Status/I-94
I am in following twisted situation, appreciate any inputs .
I had an H1B till April,2011 with valid visa. I was working for a client A at that time.
Before expiration of above visa, applied for extension of H1B in Feb,2011 with LCA for Client A.
Received H1B extension till April,2014 in Feb,2011 . After getting extension I moved to Client B in April 2011. Even before starting at client B, my employer took New LCA for Client B.
I moved and started working for new client in new location. In May,2011 DHS did an site visitation looking for me in Client A place. Since, I moved to different client already, they called my employer about me. He replied to them about change of client and sent them New LCA as such.
After 11 months in Mar 2012 , USCIS sends an NIOR(Notice of Intent to revoke) for my H1B to my Employer.
During this 11 months period, i changed to another client C , took new LCA.
Once my Employer received this NOIR, He responded to that by sending all LCA's so far. Along with that he also applied for H1B Amendment with LCA for Client C. This happened in March 2012.
Same time my PD got current and applied I485 application.
I received RFE on H1B amendment asking employee-employer relation. My Lawyer answered the RFE.
While Watiing for the H1B amendment. I received EAD/AP in April 2012.
In May 2012, I noticed H1B case status online changed to approved. After two weeks of status change online, Yesterday , my Employer received I797 approved for period of My 2012 to May 2013. But, it says we approved this petition , But not approving the status.
There is no I94 attached to this I 797.
There is an Accompanying letter says following
"On April 25,2012 petition was revoked.Beneficiaries previously accorded status expired on April 6,2011.Instant H1B was submitted on Mar 6,2012 it was eleven months after beneficiaries valid nonimmigrant status has expired.As such, beneficiary is in violation of her h1b status at the time of filing this Petetion"
1) What status I am in?
2) How this is going to effect my I485 Pending application?
3) My Attorney say to go out of country, and get new visa stamped for new H1B amendment? What are chances of getting visa stamped with above I797?
4) I consulted another Attorney, They suggested not to leave country, we will handle if any query arises in I485 application processing. But, how are we going to answer, if they say my I485 application is not valid since I don't have non-immigrant status by that time ?
5) Can I defend , I filed my I filed my I485 in Mar 2012, and USCIS revoked my old H1B on 25,April 2012 ?
6) So far I didn't receive Notice of Decision document for NOIR Response. Above revocation information was mentioned in Notice of Decision Document for H1B amendment. What are chances of success if I file MTR?
I appreciate any inputs in my case. This is time sensitive issue. I have to make decisions quickly. regards.
You situation looks complicated. You may want to consult an experienced attorney (like murthy or khanna) to navigate thru your situation so that you don't jeopardize your I-485 application.
Please always consult an Immigration attorney. My post is NOT legal advice and is just my personal opinion.
Total contibution to IV so far: $550.
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