suresh_colo
Registered Users (C)
Please let me know if you think my I-485 might be at risk in case I leave and return to the country on Advance Parole before I-485 approval.
Here's my story:
I came to the U.S. to join a start-up company in March/1999 on a H1B. The company went bankrupt in August/1999 and I was laid off then.
I stayed in the U.S. and started looking for another job. I got a job offer in November/1999 to join another company. Since more than 30 days had passed since I was laid off, the new company applied for a new H1B.
The new H1B was approved in the end of February/2000. I then went to Canada just to get a new I-94, came back to the U.S. and started with the new company in March/2000.
My I-485 was filed in October/2001.
My concern is: was I illegal in the country anytime between my layoff (August/1999) and the time I started working for my new company (March/2000)?
If so, was I illegal only from August/1999 thru November/1999 which is when my new H1B application was filed?
I am planning to go home for Christmas and my concern is to have problems when coming back. The text in the Advance Parole says:
"If after April 1, 1997, you were unlawfully present in the U.S. for more than 180 days before applying for adjustment of status, you may be found inadmissible under section 212(a)(9)(b)(i) of the Act when you return to the U.S. to resume the procession of your application. If you are found inadmissible, you will need to qualify for a waiver of inadmissibility in order for your adjustment of status application to be approved"
How can they know all the information I shared with you upon my return to the U.S.?
Any help is appreciated. Thanks.
Here's my story:
I came to the U.S. to join a start-up company in March/1999 on a H1B. The company went bankrupt in August/1999 and I was laid off then.
I stayed in the U.S. and started looking for another job. I got a job offer in November/1999 to join another company. Since more than 30 days had passed since I was laid off, the new company applied for a new H1B.
The new H1B was approved in the end of February/2000. I then went to Canada just to get a new I-94, came back to the U.S. and started with the new company in March/2000.
My I-485 was filed in October/2001.
My concern is: was I illegal in the country anytime between my layoff (August/1999) and the time I started working for my new company (March/2000)?
If so, was I illegal only from August/1999 thru November/1999 which is when my new H1B application was filed?
I am planning to go home for Christmas and my concern is to have problems when coming back. The text in the Advance Parole says:
"If after April 1, 1997, you were unlawfully present in the U.S. for more than 180 days before applying for adjustment of status, you may be found inadmissible under section 212(a)(9)(b)(i) of the Act when you return to the U.S. to resume the procession of your application. If you are found inadmissible, you will need to qualify for a waiver of inadmissibility in order for your adjustment of status application to be approved"
How can they know all the information I shared with you upon my return to the U.S.?
Any help is appreciated. Thanks.