What is the status of my friend?

bim

Registered Users (C)
A friend of mine had his GC and 485 (Change of status) filed through his spouse. Due to divorce she withdrew the application in Jan 05. So, his 130 and 485 were denied due to her withdrawal around the same time (Jan 05). However, the online message did not change. He had his EAD up to Mar 2005. So, he continued working till Mar 2005 and left US.

He managed to get new H-1B and went for stamping in his country. Somehow he is being asked to wait by the consulate before taking any decision on issuing him a visa.

My question is has he overstayed US since his 485 was denied in Jan 05 and he kept working till Mar 05? Could this be the reason for the delay?

Please share any similar experiences. Thanks.
 
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