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Adjusting status after brief out-of-status period

Adjusting status after brief out-of-status period

Old Sep 29th 2004, 5:12 am
  #1  
Andrew
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Posts: n/a
Default Adjusting status after brief out-of-status period

X-No-archive: yes

I was briefly out of H1B status in April, because my H1 transfer was
not filed until a few days after the end of my previous employment. I
did not work while the transfer was pending, and INS approved it and
granted the extension of stay, and sent a new I-94. I am applying for
adjustment of status in connection with a green card application. My
question is, do I need to leave and re-enter the US before applying
for adjustment, so that I can adjust under 245(k) which allows a brief
out-of-status period ? Or does the fact that INS granted the H1
extension mean that they consider the out-of-status period never
happened, in which case I don't need 245(k) ?

Thanks.
 
Old Oct 8th 2004, 4:53 pm
  #2  
Ingo Pakleppa - see web site for email
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Default Re: Adjusting status after brief out-of-status period

Shouldn't be a problem. You actually were *not* out of status. The fact
that INS approved your extension excused you, and in effect, you
retroactively were back in status.

On Wed, 29 Sep 2004 10:12:47 -0700, Andrew wrote:

    > X-No-archive: yes
    >
    > I was briefly out of H1B status in April, because my H1 transfer was
    > not filed until a few days after the end of my previous employment. I
    > did not work while the transfer was pending, and INS approved it and
    > granted the extension of stay, and sent a new I-94. I am applying for
    > adjustment of status in connection with a green card application. My
    > question is, do I need to leave and re-enter the US before applying
    > for adjustment, so that I can adjust under 245(k) which allows a brief
    > out-of-status period ? Or does the fact that INS granted the H1
    > extension mean that they consider the out-of-status period never
    > happened, in which case I don't need 245(k) ?
    >
    > Thanks.

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