本人自己的H1B於06/30/2010到期,然後從07/02/2010開始轉為ld的H4。當時是在美國國內轉的身份,即通過I539申請的。但是在H4批準下來之前,回國了。盡管如此,最後仍然收到了自己的I-797C (for H4)。11/25/2010和ld在上海協簽出來,當時ld持A公司的H1B,我是H4.
但ld於12/23/2010開始轉到了B公司,又有了新的H1B.可是疏忽沒有更新我的H4.我的理解是從那天開始,我就out-of-status了,不知對不?
-USCIS made a mistake to approve your H4 (I-539) because after you left US during the change of status from H1 to H4 was pending, your pending I-539 change of status was invalid. Then, after you got the H4 visa to enter US, your status was H4, then your status have been H1 since the date your H1 was approved (sponsored by B公司), no more H4.
由於一直在美國,所以直至目前倒也沒有什麽麻煩。
問題:
(1)基於以上情況,我現在申辦H1B會有什麽麻煩?有什麽可以補救嗎?
-If the I-539 was approved after your H1 was approved, your status is H4, but this was a mistake by USCIS (see above explanation), so you can argue it if USCIS make trouble to you. You need to keep all the evidences such as the I-539 filing receipt, I-539 approval notice, your H4 visa and H4 I-94 you got at the port of entry in case USCIS makes you trouble in the future. By the way, you may ask the employer to file the H1 petition for you to change your status from H4 to H1 again or just go outside US to get the H1 visa to come back.
Of course, if the H4/I-539 was approved before your H1 approval, you do not need to do anything because your status is H1 now.
(2)本人有一個批準的NIW-I140(優先日期還早)。不知道這個失誤對將來遞交485有什麽影響?
-No, if have, see my suggestiona above to argue it.