Legal Question in Immigration Law in California

Out of Status with L1 but have approved H1 Visa
Hello,

Iam an Australian citizen and have been in the US for over 5 years on an L1B Visa which expied Jun 04. I traveled overseas in Dec 03 at which time my employer organized for a H1B visa. The H1B was approved when I was overseas. I was unaware of the H1 visa and entered the US on my L1. My company rep told me that having an approved H1 means I was OK and there was no urgnecy to leave the US to get the H1B stamped in my passport. I now have a new lawyer handling my case and the new lawyer tells me because my I last entered the US on an L1, which expired Jun 04, I am out of status. I have filed an I485 and am currently awaiting approval. Also, I cannot file I485A as I was not in the US on the required date in 2000. What are my options? Thank You

Asked on 2/17/05, 7:44 pm

2 Answers from Attorneys

Baoqin Wang Law Office of Baoqin Wang

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Re: Out of Status with L1 but have approved H1 Visa

It seems you have been unlawfully present in the US for more than 180 days and are barred for adjustment. If you leave US, you are barred for re-entry for 3 years. If your unlawful presence is more than 1 year, then you will be barred for re-entry for 10 years.

Answered on 2/18/05, 12:46 pm

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