Please help OUt of status question!!

I

Imigration_hope

Registered Users (C)
Experts please comment. Was I out of status that will prevent me applying forI-140 and I-485?? Please advise. Difficult to sleep due to the uncertainity!!

Here's my story chronologically:



1. January 9th 1999 –Came to the USA on F1 visa with I-94 valid for D/S.
2. April 15th 1999 – Applied to withdraw from all the courses due to unavoidable circumstances.
3. May 1999- Received transcript from the University saying my courses were in "Incomplete" state(Because I had taken classes till almost a month before they ended)
4. June 18th 1999 – Received letter from University saying my request for late Withdrawal(applied to drop classes after withdrawal date) have been approved.
5. July/August 1999- Received updated transcript from University showing "W"(Withdrawn) from courses.
6. August 23rd 1999 – Started taking classes again.
7. July 15th 2000 –Travel to home country for summer
8. Sept 2000- Restarted taking classes in Fall
9. May 2001 –Graduated & Started OPT and working with a company
10. March 2002 –Started working with another company and changed status to H1B(H1B for about 1yr 7 month)
11. July 2002 – Travel to home country and got Visa stamped in home country in July 2002
12. September 2003- Filed another H1-B for 3 years till September 2006
13. November 2003 –Travel to home country and got H1-B visa stamped in home country at US consulate.
14. April 2004 –Labor Certification filed for Permanent Residency
15. July 2004 – Travel to Home country.
16. December 2004 –Travel to Home country
17. September 2006 – Receive another H1B ending end of February 2009(includes one year extension after 6 years)
18. June 2007 - Labor certification for Permanent Residency approved.
19. August 2007 – Getting ready to file concurrently for I-140 and I-485.



In summary, have always been on a legal visa, but did violate terms of student visa in April –May 1999. In summer, the student on F1 does not need to take courses.





Here are my questions, regarding points 2-6.

1. Was I out of status due to the actions in point 2 above?
2. If yes, what are the dates when I became out of status? Is it the date I filed for withdrawal of courses to the university?
3. I restarted school back end of August 1999, does that bring me back in status?
4. Is my status reinstated when I reenter on F1 from my home country in September 2000 and continue my Graduate studies?
5. In the question on DS-156 while filing for H1-B visa which asks "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?", I have always answered NO. As a student on F1 my status was D/S, so I did not require another I-94 when I reentered in September 2000 on an F1. So I was never unlawfully present in the United States. Is this a problem?
6. Can I file for I-140 or I485 based on the points 2-7 mentioned above? Or will I be denied for sure?
 
hey i had ur similar issue,. out of status on f1. as far as u got ur h1 after that and u were able to travel in and out of US u r fine. Just dont apply for AP- since that might cause an rfe.
i did exactly that and i got gc now. Dont worry too much
 
Thanks Mike for the response. My lawyer seems tobe ready to file everything i.e. AP and EAD , and he knows about my situation. In your opinon it is not advisable?
 
Imigration_hope said:
Thanks Mike for the response. My lawyer seems tobe ready to file everything i.e. AP and EAD , and he knows about my situation. In your opinon it is not advisable?
Click to expand...

I dont see anything wrong in your case, you can apply I-485, EAD AP. I dont know why "michael79" saying dont apply AP? why you will get RFE for AP if your lawyer submit all documents for AP?
 
Thanks for the response Ginnu.

Well, my lawyer in fact advised me to go outside the country only after AP, because then I do not need to file DS-156 for Visa stamping for my H1-B with AP to reenter the US. This will avoid me to certify that "I never violated terms of a US visa" on the DS-156 form.

What are the opinions of the experts on this???

Appreciate all the help I'm getting in here. Thanks..
 
Imigration_hope,
You already answered that question on the D-156 form in July 2002 and in November 2003 right?

11. July 2002 – Travel to home country and got Visa stamped in home country in July 2002
13. November 2003 –Travel to home country and got H1-B visa stamped in home country at US consulate.
 
Imigration_hope said:
Thanks for the response Ginnu.

Well, my lawyer in fact advised me to go outside the country only after AP, because then I do not need to file DS-156 for Visa stamping for my H1-B with AP to reenter the US. This will avoid me to certify that "I never violated terms of a US visa" on the DS-156 form.

What are the opinions of the experts on this???

Appreciate all the help I'm getting in here. Thanks..
Click to expand...

Lawyer is giving wrong advice, you entred US AFTER your out of status and also got the visa stamp and got new I-94. if in future you apply for visa stamp then you are in status at this time and on DS-156 you will write "You have NOT violated terms of a US visa"

You are OK and dont get confused!
 
Thanks Ginnu and others .

People(like me) do "sh**" sometimes, but wallow in despair in it's consequences for long long time. Again, it wasn't intentional in my case, but I guess it dosen't matter now.

I'll have to deal with whatever comes along.

Imigration_hope,
You already answered that question on the D-156 form in July 2002 and in November 2003 right?

11. July 2002 – Travel to home country and got Visa stamped in home country in July 2002
13. November 2003 –Travel to home country and got H1-B visa stamped in home country at US consulate.
Click to expand...
uludom, I agree with what u're saying.... just thought.. would avoid doing it again. Maybe.... just.... maybe "They dont keep DS-156 records after one year"(I think I read that on one of the forums), although it might be one of those infamous Internet urban myths/legends.

Ginnu thanks for the advice. As I said, I'll have to deal with whatever comes along, but need to quit worrying and live a normal life, cuz this wont be over for a while, so gotto forget everything and live life :)

Btw, I'll have to say this is a great forum with lots of good support and answers.
 
Last edited by a moderator:
Woke up tonight..... with a nightmare at 4am on this topic. Couldn't sleep later at all. :confused: :mad:

Any words of wisdom from the Gurus to calm me down? ?? Ginnu and RealCanadian and any others??
 
Imigration_hope said:
Woke up tonight..... with a nightmare at 4am on this topic. Couldn't sleep later at all. :confused: :mad:
-----------------------------------Go to your doctor get prescricption for Valium or dezapam that is for anxiety and you will get sleep
Any words of wisdom from the Gurus to calm me down? ??

Ginnu and RealCanadian and any others??
Click to expand...

---------------------------
 
Imigration_hope

I do not think you have any issue with your case. You were not out of status because of overstaying. Just relax!!!!
 
Imigration_hope said:
Woke up tonight..... with a nightmare at 4am on this topic. Couldn't sleep later at all. :confused: :mad:

Any words of wisdom from the Gurus to calm me down? ?? Ginnu and RealCanadian and any others??
Click to expand...

It's a completely non-issue.

This is your the biggest problem right now, you've got one happy life.
 
For Immigration_Hope

You already filled out 'No' in the DS 156 during H-1B stamping in 2003. Thereafter you received another H-1B approval. I don't see any issues here.
 
I get his point...

he says that he was out-of-status for a while..left the country and filed the DS form for the H1 stamping where it asks for 'have u violated your status while in the US..?" kinda question. He had said 'no' and entered back into the US and now at the 485 stage will INS go back to the DS form and charge him for a fraud of lying on the DS form etc...

I too went into this situation,entered back into the US with a new stamping and filed 485...at this point we cannot do anything now and deal with what comes.I think there r a thousands like this. Even if we file 485 after 5yrs we will need to face this situation...
 
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