Would I be out of status,please advise

J

jack10901090

Registered Users (C)
This is my history with INS and I have a priority date of July 2007 in F4 category.Can that be affected because I was out of status for a period of 2 months.Kindly read the transcript below and please advise.

August 2000 - Received F1 visa in Bombay,Indian passport (no issues)

Feb 17 2004 - H1 Application filed by employer in AR,application returned as quota for 1,95,000 visas has been
reached.I could resubmit my H1 petition by May1 / June 1 st 2004 (do not recall).All people who graduated in early 2004 had similar issues with a gap between their OPT and H1's
murthy.com/mb_pdf/sep1004.pdf (Page 2 /3).There was no Masters's quota at that time.

Mar 2004 - Employer asked me if I would like to go El Paso,cross the border and get a J1 in the interim
as the new H1 (if approved) would be valid from Oct 1 ,2004.(the new H1 petition would be filed on May 1 / June 1 ,2004,do not recall)
I said no as what happpens if my J1 visa is denied in Mexico, then I am stuck there.So J1 has been filed by mail within the US and I
am expecting that I will return to work once the approval notice arrives.
May 10 2004 - On my last day of OPT company informs me if my J1 is going to take 90 days they cannot wait as someone
needed to be in my position.So J1 petition has been filed on my behalf by mail and I have the
option of applying for other positions in the company when the approval notice arrives.
I was upset that I decided to move out of my rented apparment in AR and moved to NE & NJ.

Aug 04 2004 - J1 approval notice arrives in mail in AR address that is redirected to my NJ address.J1 starts from July 27.Same time focussed all efforts on getting police clearance for Canadian immigration.


Sept 21 2004 - Received my landing papers for Canada and move permanently to Toronto , Canada and I crossed the border at Buffalo.NY.Never used J1.Did not submit any I 94 at the border.

Sep 2005 - Applied for B1/B2 in Toronto,Canada - 10 year visa approved,Indian passport - No issues,Crossed from Canada to US multiplt times no issues.

Sept 2007 - Applied for H1B (Indian passport) through a consulting company in Detroit - Visa approved.Never used.

Jan 2009 - Received my Canadian passport,crossed border multiple times no issues till date.
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At this time I remember that my H1 packet was sent the second time just before the May 1 st 2004 / June 1st 2004 deadline and it returned the second timeas INS thought this application was against the earlier quota.That is what I remember the company HR telling me.
 
Thanks,The real Canadian for your reply.

Could you please elaborate on "remained continously".Is there a provision for the overstay.

Thanks
Jack10901090
 
Thanks

Thanks for all the replies.

Whenever my priority date becomes current can INS determine from their system any blank dates / shortcomings regarding my departure and entry records when they will validate / approve my I-485.How does the system determine if overstay has occured for more or less than 6 months for any I 485.Do they have a systematic procedure in place to verify the entry / departure records for green card applications?

Is the 6 month widow a general thumb rule or a legal provision?

I have got 1 -B1 (2005) & 1 -H1(2007) stamped on the same passport after the overstay occured in 2003.

In 2009 whenever I cross the border with my CDN passport,agents at both posts (US & CDN) scan the bar code of all our passports(entire family).

Thanks,
Jack109
 
Contd & Thanks`

I just found out about the DS 230 form where the applicant is supposed to declare his entry & departure records with the visa & A number.So in this case I would need to consult with a professional and I am guessing it is going to (pick and choose )come down to trips subsequent to my overstay on a B1.

Thanks.
Jack1090
 
jack10901090 said:
Whenever my priority date becomes current can INS determine from their system any blank dates / shortcomings regarding my departure and entry records when they will validate / approve my I-485.How does the system determine if overstay has occured for more or less than 6 months for any I 485.Do they have a systematic procedure in place to verify the entry / departure records for green card applications?
Click to expand...

So long as you can prove you were outside the US 180 days after your J-1 expired, you have nothing to worry about.

Is the 6 month widow a general thumb rule or a legal provision?
Click to expand...

Legal provision.

I have got 1 -B1 (2005) & 1 -H1(2007) stamped on the same passport after the overstay occured in 2003. In 2009 whenever I cross the border with my CDN passport,agents at both posts (US & CDN) scan the bar code of all our passports(entire family).
Click to expand...

We keep telling you that you will be fine. Your overstay causes no statutory bar against an immigrant visa or subsequent non-immigrant visas.

Why do you insist on worrying????
 
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