California | Immigration Law
Legal Question
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
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