Out of Status -for 485

M

manishraj

Registered Users (C)
Hi,
My previous 2 years salary was less than H1B-petition salary.As per I am out of status .According to 245(k) of the Immigration and Nationality Act, 180 days out of status will be ignored.
My question is, the 180 days period will be counted towards total US stay period or From the Last entry date to US? Will it affect 485 approval?
Will some body give some input on this?
Appreciated.
:confused: manishraj.
 
I am not sure that salary not matching (or exceeding) what was quoted in LCA atomatically puts you out of status.
Some of the typicall ways people get out of status while on H1B are:
1. stop working for a sponsor and don't have H1B transfer filed
2. latest I-94 expires and EOS hasn't been timely filed
3. geographical location of the job has changed from the one defined in current H1-B and change of status hasn't been filed (this one is not very common).

If the salary doesn't match what is quoted in LCA when H1B was filed, USCIS may question the application itself (material mispresentation in order to obtain immigration benefits for example) but I haven't heard of such a case.

The bottom line is that you may not be out of status at all. I suggest you consult with an immigration attorney.
 
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