485 and out of status-Advice please

theory

New Member
My friend and spouse has applied for their 485 recently. However my friend is very worried about her husband's out of status some years before. He came to US in 1991 on F1 and overstayed (no idea how long,may be more than a year or so). He got H1B visa in 1998 and went to home country got it stamped 1999, got married and came to US. They have renewed their H1,H4 couple of times and now have h1-h4 till 2010.They also got their visa stamped once(i think!!) in their home country and once revalidated in US(traveled twice outside the country since 1999).

Filed for GC in 2001 Dec. I140 got approved this year . Applied for 485 in June-July for both of them. Got their EAD and FP done one month before.

What problems can they expect because of the previous overstay?Any remedial measures can be done.?If yes, please advise.
Will there be a problem to both of their AOS or it is only to her husband's AOS.My firend's husband is the primary applicant.
Any input is appreciated.
 
I wouldn't worry much since your friend's husband got an H1B after he overstayed his F1 status. If he did not have any problems at this time, it is very unlikely that he will have problems at this stage. Hope this helps.
 
He has never involved in any thing else other than the overstay.No problems since his H1 status from 1999( not even a traffic ticket for the last 9 years).
So you think since he got H1 the overstay will not be in records?During the name check during 485 AOS,it will not come up?
Thank you for the input.
 
If he has not been out of status since his last entry into the USA then I believe his I-485 is in order and should have no problem with his adjustment of status.

He has never involved in any thing else other than the overstay.No problems since his H1 status from 1999( not even a traffic ticket for the last 9 years).
So you think since he got H1 the overstay will not be in records?During the name check during 485 AOS,it will not come up?
Thank you for the input.
 
Name check doesn't have anything to do with over stay, neither does FP. It will still be in his record, if USCIS digs that deep. But since it was a long time ago and he later got valid H1B, USCIS may overlook it or decide not to bother with it. The bottom line is he can't do much about it now, so might as well just relax and hope for the best.
 
Top