out of status

[sinayat]

I entered US on F1 later changed to J1. While I was going through waiver process I was out of status more about 7 months but eventully got H1b approved. Recently got national interest waiver approved and filed I485.
My question is will I have any problem with aos because of 7 month period. I have spoken with different lawyers and get different answers. Please help me.
THANKS.

 

[J1victim]

I entered US on F1 later changed to J1. While I was going through waiver process I was out of status more about 7 months but eventully got H1b approved. Recently got national interest waiver approved and filed I485.
My question is will I have any problem with aos because of 7 month period. I have spoken with different lawyers and get different answers. Please help me.
THANKS.

it depends on whether you had a *d/s* stamp in your I-94 or a *definite date* stamped on your I-94. look under FAQs at pederson and freedman website, esp Q11: http://www.usvisainfo.com/object/pdf/j1/j1faqs.pdf

one possible solution is: go out of country, get a visa stamp (H1b) and re-enter (on H1b, not on AP).

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disclaimer: non legal disclosure