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Am I out of status

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  • Am I out of status

    I have filed for adustment of status (I 485) in June 2004 and and I had my H1-B visa extenstion till 27 th July 2004.

    I have received my EAD from 2 nd August 2004 onwards. Now, my question is am I out of status for the
    period in between 28th July, 2004 to 1st August, 2004 ( 5 days ). If that is that is the case, can any one give me suggestion.

  • #2
    Nas

    Hi,

    As far as I know it would create problem only if you are employed those 5 days. However you can live in US as your 485 is pending for adjustment. Please check with your lawyer.

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    • #3
      Any answer on this?

      Raju,
      Were you able to get any answers on this from your lawyer - just curious.
      Thanks!!

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      • #4
        status

        The EAD has nothing to do with status at all. Since you applied for your green card prior to being out of status on the H1B you are ok. The law says you are technically out of status with a pending 485 application. you are ok so long as the 485 is approved in the end, however if the 485 is denied you will have been considered out of status from the time your H1B expired and when your 485 is denied, therefore ecruing unlawful status.
        Last edited by Guest; 09-28-2005, 01:52 PM.

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