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I-94

Discussion in 'Nonimmigrant Visa Validity' started by kkr, Jun 22, 2015.

  1. kkr

    kkr Junior Member

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    Hi ron,

    If H1 (any out of status issues) goes out of the country , comes back on a new I-94 , will prior status issues cause any issue or will the consideration be only after the most recent entry for future immigration benefits(H1 extension,F1,H4..) and green card purposes(AOS)?

    Best,
    Raj.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends on the reason for the person being out of status, but most likely it wouldn't be a problem.
     
  3. kkr

    kkr Junior Member

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    thank you very much , Ron.
    You are the only attorney , who i came across ,who gives valuable advice for no charge and so fast! (i paid lot of 200's to other attorneys for few minutes of calls before!) Thank you again !
     
  4. kkr

    kkr Junior Member

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    thank you Ron.

    My wife started working for this company from Oct 2014 (F1 to H1) and then in January 2015, she had a new client (Employer did only LCA , no amendment).In february 2015, there was a labor audit according to the employer (not site visit) and the employer mentioned that there was a minor fine of 250 $ for failing to display LCA.In April,2015 , My wife travelled to India and got H4 stamping and she will return to USA in July(new I94,H4 status).After obtaining the visa , my wife gave her resignation in the end of April,2015 (Employer was not happy).The employer mentioned that they revoked the H1B ,first week of May 2015, but we dont see the revocation status yet on the case status website (normally the status should update in a month?). Is this something we have to follow up or worry about that it might be an issue during AOS (greencard)? thank you.
    Best Regards,
    Raj.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, in this case it is the employer's problem.
     
  6. kkr

    kkr Junior Member

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    Thanks Ron,The case status still shows as "Approved" instead of "Revoked" , it has been more than a month , the revocation has been sent ,according to the employer , is this normal.
    Do we really need to worry about the H1b case status , since my wife will be coming back to USA on H4 status and new I-94.
    In what cases would there be an issue?

    Thanks!
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It can take months for them to get to it.
     
  8. kkr

    kkr Junior Member

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    Thanks Ron, is there any reason we need to keep track of the status , even if we come back to the country on a different status ?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In that case, no there isn't.
     
  10. kkr

    kkr Junior Member

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    thank you Ron.

    Little more background:

    My wife was worked at the location on H1b from october 2014 until january 28th ,2015.
    She moved to new project on Janaury 29th,2015 (about 15 miles from the h1b location).

    I dont know when the new LCA was filed , but it was effective from Feb 5th , 2015.(about 6-7 days after project start)

    somewhere around that time frame , there was a labor audit (not site visit) according to the employer (not site visit) and the employer mentioned that there was a minor fine of 250 $ for failing to display LCA.

    Since my wife will come back to USA on H4 visa , is this something that has a cause of concern?

    thank you.

    Best Regards,
    Raj.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No.
     

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