How did they count 180 days for 245k?

D

deep2ocean

New Member
Hi gurus,

I got my LC and I40 approved and now preparing to file my 485. I really looking for valuable advice from you guys.

My past two years (2002 & 2003) W2 was much lesser showed on the LC and my question is related to the 180 days out of status issue while filing for AOS process.

1. I was on bench from sept 2001 to Jan 2002 and I worked for a month on Feb 2002 and again was on non-pay from March 2002 to Jun 2002. If it is the case, Am I consider as out of status? How did they count the 180 days? Is it the total accumulation for the period of stay or the continous period of the stay without pay? I went to INdia on Oct 2002 and came back on 2003.

2. Is it mandatory to provide last 3 yrs W2.

I appreciate your help.
 
1. I was on bench from sept 2001 to Jan 2002 and I worked for a month on Feb 2002 and again was on non-pay from March 2002 to Jun 2002. If it is the case, Am I consider as out of status? How did they count the 180 days? Is it the total accumulation for the period of stay or the continous period of the stay without pay? I went to INdia on Oct 2002 and came back on 2003.

It's total accumulation. You can get some info from following sites:
http://www.murthy.com/adjsta.html
http://uscis.gov/graphics/services/residency/life.htm

2. Is it mandatory to provide last 3 yrs W2.

NO
 
Pralay, Thanks for the info.

I am planning to file I485 later sometime in 2005( I hope my priority date will not be a problem) without submitting any past years W2s, since its not mandatory.

I saw bunch of postings on forums about AOS RFEs, asking W2s and payslips for last 3 yrs from the date of RFE. My question here is, Do you guys have any opinion about filing my adjustment later to escape from the past status violataion, though happened unknowingly. If not, what are my options?

Thanks again for your time.
 
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