Out-of-Status and Green Card

M

mohar11

Registered Users (C)
This question might be for the GURUs.

Here is the situation: 6 years ago, I was out-of-status for a few months. I came to US for first time in Aug 97, with H1B sponsored by Company A.......But after my arrival, the company wanted to change the terms and conditions and wanted me to sign contracts........I didn't agree .... and I talked to Company B who filed a H1 transfer and I started working for Company B.

As per the rules that I understood at that point - Company B had to get the H1 approved within 6 months. That didn't happen. So I left US in June 98, which means I was in violation of my status for about 9 months.

Then I was back in India. Company C applied a new H1B for me, which was approved and I came back to US with this new H1 in Oct 98.

Since then I have maintained proper status..... And I have travelled in and out of US multiple times (On H1) and have transferred H1s multiple times with no problems.

Now - as per my lawyers, I have nothing to worry .... because - since I returned with lawful status in 98 and have maintained that to date, the violations prior to that are ignored. So according my lawyers my green card approval would not be affected and I can travel using AP.

I want a second opinion on that.

1. Would this affect my green card approval?
2. Can I travel outside US and comeback, using AP?

thanks
 
Now - as per my lawyers, I have nothing to worry .... because - since I returned with lawful status in 98 and have maintained that to date, the violations prior to that are ignored. So according my lawyers my green card approval would not be affected and I can travel using AP.
------ your lawyer is correct
I want a second opinion on that.

1. Would this affect my green card approval?
----NO
2. Can I travel outside US and comeback, using AP?
---- You can use AP or can extend H1, if hit 6 years you can also extend H1 for 7th year
 
Use Section 245(K)

For employment based adjustments, you can use 245(K) even if you were out of status previously for any length of time. The only restriction is you should have last entered US after being properly inspected and not been out of status for more than 180 days since your last entry. Mods, please correct me if I am wrong.

Actually, 245(K)'s biggest impact was on H1Bs who loose their jobs, but still stay in US until their I-94 expiration. These people can still adjust their status if they depart US and subsequently enter US on a new H1B.

The only thing to note is, do not confuse out of status with illegal presence. You cannot use 245(K) for overstays as opposed to being out of status.
 
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Lot of folks interpret 245 (k) as such that you will be O.K. as long as your out of status is less than 180 days since your LAST entry and any out of status before your last entry will be forgiven. But 245 (k) does not explicitly say the clock starts from your last entry, it only says "pursuant to a lawful admission". Note it says "a", not "last". Does BCIS have any guideline regrading how to interpret this? Thanks
 
Originally posted by mohar11
As per the rules that I understood at that point - Company B had to get the H1 approved within 6 months. That didn't happen. So I left US in June 98, which means I was in violation of my status for about 9 months.
Click to expand...

Why do you believe you were out of status if the H-1B transfer took more than 6 months? It's quite possible you were never out of status.
 
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