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There was a period before 2000 where she worked for two years on a three year H1B, but did not work during the third year (of her own choosing). Before the H1B expired, she left and re-entered on an O-3. So, although there are no gaps in terms of I-94 validities, there is a question of status...

The relevant sections of INA law that I read indicate that the 180 day period is 'reset' after each legal entry with inspection at POE with regards to 245(k). This is my hope. However, if an RFE is generated for her requesting proof of continuous lawful status, we have contiguous validity...

Tammy, and all, thank you for the information. She left and reentered the US with a new O-3 visa before the expiry of the HB in question. Early following year, she was offered another job and she left and reentered with a new H1-B visa, which she remained on until her work was completed. She...

She does not qualify for 245(i) due to the specific dates, or (k) due to the length of time she did not work. There was no period or gap between any I-94s, but as I understand now, the change status itself (i.e. "out of status" for a period longer than 180 days) is the real problem, even though...

She had an H1 for part-time employment with a company that lasted three years, but for the last year she did not work for them (or anyone). Before the expiry of her H1, she left the country and re-entered on a spouse's O-3 visa (my visa was O-1). So she was supposed to be working for a year...

I have a question for the gurus here... if the primary applicant is approved for I-485 (with I-140 and continous legal status), but denied for derivative (wife - because although she can demonstrate continuous lawful presence through contiguous visas and approval notices, did not work for a year...