davna
08-09-2000, 11:02 AM
I read the guidelines for AC-140. One of the exclusion
criterion mentioned about getting out-of-status for
more than 180 days.
What if one gets out-of-status for almost 5 months in 1995,
(less than 180 days), works during that period without
H1, then gets the H1 approval for different compnay,
goes to canada, gets new visa stamp, re-enter US
and since than, is been in valid status. If one
had to file for AOS in US, this case would be protected
by 245-k (as the labor was started in late 1996).
1. Is above situation protected in AC-140 or could it
serve as a ground for denial of the application.
2. If it is protected, are there any additional forms
like 245-k that needs to be filled ?
3. Where can one find more detailed guideline on above
topic.
4. If the consulate denies application, would they also
revoke H1 or allow the person to return on H1.
Thanks.
criterion mentioned about getting out-of-status for
more than 180 days.
What if one gets out-of-status for almost 5 months in 1995,
(less than 180 days), works during that period without
H1, then gets the H1 approval for different compnay,
goes to canada, gets new visa stamp, re-enter US
and since than, is been in valid status. If one
had to file for AOS in US, this case would be protected
by 245-k (as the labor was started in late 1996).
1. Is above situation protected in AC-140 or could it
serve as a ground for denial of the application.
2. If it is protected, are there any additional forms
like 245-k that needs to be filled ?
3. Where can one find more detailed guideline on above
topic.
4. If the consulate denies application, would they also
revoke H1 or allow the person to return on H1.
Thanks.