Status?

[kiddo]

My wife entered US with a H1. Her H1 was sponsered by a Consulting firm. Due to personal reasons she could not start working immediately. She begain working after about 8 months, which became her actual hire date. She has been working ever since. After that we have visited our home country once.
I do not have any such issues and am getting my GC processed. When doing a CP would she be considered being out of status. And that become a issue for CP.

Comments ?

 

[im9999]

you guys are just fine .... no problem here ....

infact in cases where ur are in doubt of status violation CP is safer than AOS ....

 

[Moulin Rouge]

No Title

not if your out of status was > 180 days. Then AOS under 245(i) is your only hope cuz if you leave the country for CP, you get the 3/10 yr ban.

 

[babbu]

not true

3/10 year bar only applies if you are unlawfully present not if you are out of status. Unlawful presence only starts if you overstay your I94 or INS makes finding of out of status. CP is best if you were out of status as AOS is not feasible with out of status cases unless you qualify under other laws. Out of status is irrelevant for CP. I have read it at some other postings most likely one of them was imminfo. Please check it over there and you are fine for CP