I was out-of-status for nearly 200 days on F2, due to a lawyer oversight, due to non-filing of my H4. I know there's specific protection available for D/S cases for out-of-status issues, whereby one does not accrue any unlawful presence until specific finding by the USCIS .
As soon as I discovered the error, I departed the US, obtained a fresh H1 visa and returned to US. Few months later, I filed for my I-140 / I-485 - and the I-140 is approved.
Will my past out-of-status be a problem ? Note, legally, I think, I 'should' not have accrued any unlawful presence.
Doesn't the 245(K) protect me as it applies specifically to "last entry", as I was legally admitted, as well was / am maintaining my status at the time of filing.
Any advise, besides contacting a good lawyer, which I will, is welcome !
Also, the specific clause protecting D/S (duration of status) not be another factor in my favor ?
As soon as I discovered the error, I departed the US, obtained a fresh H1 visa and returned to US. Few months later, I filed for my I-140 / I-485 - and the I-140 is approved.
Will my past out-of-status be a problem ? Note, legally, I think, I 'should' not have accrued any unlawful presence.
Doesn't the 245(K) protect me as it applies specifically to "last entry", as I was legally admitted, as well was / am maintaining my status at the time of filing.
Any advise, besides contacting a good lawyer, which I will, is welcome !
Also, the specific clause protecting D/S (duration of status) not be another factor in my favor ?