Help Gurus on RFE

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ssm1412

New Member
Hello Gurus,

I am in pending 485 status. I have received RFE stats

"Birth Certificate"
"nonimmigration status from last lawful entry"

I came here on Visitors visa on July 1995 and valid upto December 1995. Around August 1995 I found employer and he applied for h1-b visa. I have h1-b Received Receipt "Aug 1995". For some reason it took 1 year to get it approved. So my approval date start from Sept 1996 to Sept. 1998. I started work for that company on Sept. 1996.


My question is
(1) the gap different from January 1996 to Aug 1996 consider Out of Status ?
(2) I heard from people that as long as application was pending with INS I am safe and I am not consider as a out of status. Please clerify?

thanks in advance
ssm1412
 
ssm1412,

When was your last lawful admission into the U.S. ?
I believe you should be fine since your RFE states clearly non-immigrant status "from last lawful admission".

Have you talked to your attorney about this?
I'm currently researching on this because I just found out that I was out of status for 7 months about 3 years ago.
However, I got a new H1-B approved after that, went out of the country and came back with a new I-94.
So I have been totally in status for the last 3 years.
My question is: do I still need to file for 245(i)? or should I be fine since I have not fallen out of status since my last lawful admission.

Anyone? Any ideas?
 
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