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I am called for an AOS interview. I may be out of status. please see the details below

San Francisco, CA |

I worked for company A from 2009 till 2010
Changed employer(B) got h1 approved with out I94( but have previous I94 valid till 2012 sep)
My lawyer told me I am fine because I have a valid visa and valid I94 I can work for company B. Now couple days ago he got back to me and said I was out of status and he did not pay attention to it. I appled for AOS and got EAD and AP. Now he advices me to go out of country and come back as I have valid visa so I can get back to status. Is it that simple?

Attorney Answers 4


  1. Best answer

    If your approval notice did not include an I-94, and your I-94 is not from your current employer, then I would agree with your attorney.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Who is petitioning for your? You should ask your attorney why he believes you have to leave.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


  3. This does not sounds right. What is your cases based on marriage, employment, or other family?


  4. It might be that simple, but few attorneys would venture such an opinion on this site. That is because, despite all disclaimers, you could blame the attorney if the opinion turned out to be wrong, and you ended up stuck outside of the U.S. I suggest hiring an experienced immigration lawyer to review all of the relevant facts and documents, and then getting a second opinion in writing.

    This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.

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