On my wife\'s first entry to US she changed her status from H4 to F1. But another extension of H4 preempted the change of status to F1. Without the knowledge that her F1 status became invalid after H4 extension, she continued to work in the university for 6 months ( 20 hours a week ). After that she left country and entered in H1. We filed her adjustment of status in November with mine. The lawyer did not think she needed to file under 245(i) or (k). She claimed she was in status after her last entry and 245(i) was not required. Though I trust my lawyer, I wanted to take a second opinion. In the worst case of a rejection, would INS let us change her application to be considered under 245(i) by paying a 1000 dollar fine.
Thanks for your help.
Thanks for your help.