Question for yall on status

X

xerer

New Member
Hi, all
I have a question regarding my status.
My OPT expired on 3/1 (was on F1). I applied H1 in December hoping the H1 would come in time. However, it came today with a start date as 3/8. I worked during 3/1 - 3/8, not aware of anything.
Could this be a potential problem in our GC process? I heard of a 245i act, can it help me in anyway?
Thanks.
 
Originally posted by xerer
Hi, all
I have a question regarding my status.
My OPT expired on 3/1 (was on F1). I applied H1 in December hoping the H1 would come in time. However, it came today with a start date as 3/8. I worked during 3/1 - 3/8, not aware of anything.
Could this be a potential problem in our GC process? I heard of a 245i act, can it help me in anyway?
Thanks.
Click to expand...

Yes, you were out of status for those 8 days. It won't be a problem. You can use 245(k) if you are doing employment based AOS. My advice, leave US before Aug 2004 and reenter on H1 visa.

In all probability, USCIS won't care as the gap is so short. But you wanna be safe than sorry.
 
Last edited by a moderator:
I am just assuming the worst. If USCIS claims that instead of being just out of status, you were actually unlawfully present (claiming that your authorized period of stay which started from the moment you applied for COS to H1) ended the moment you started working unauthorized. As unlawful presence, no COS is valid. So they might even consider you unlawfully present right now. And bad things start happening if that happens for more than 180 days.

Probably, nothing like this will happen. Its just better to not extend anything (like out of status/unlawful presence) for more than 180 days. So if you can, try to get H1 visa and reenter within 180 days from March 1st.
 
You need not have to leave US. Just ask your employer put 3/8 as a start date for you.

There is nothing to be scared.
 
Not trying to scare you :)

Just erring on the side of caution. As I said, USCIS won't even care as the gap is 8 days.
 
Originally posted by jllag1
Just erring on the side of caution. As I said, USCIS won't even care as the gap is 8 days.
Click to expand...

You cannot be unlawfully present unless you have either overstayed an I-94 or have a document from USCIS telling you to leave the country. Neither has happened here, so you were simply out of status for a few days.

This is exactly the situation that 245k was designed for. 99% chance it'll never get noticed anyways, but even if it does, this is standard 245k situation.
 
You must log in or register to reply here.
Top