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user98765

Possible AOS denial - Out of Status in past - Options please

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Hi I just have had my AOS interview and the officer suggested that it is almost impossible to get Green card as one of the H1Bs applied by my employer was for a different project and I worked for a different project. so I was technically not in Valid status. Last time I reentered USA was in 2020 Nov. My employer was convicted on this case in 2019. I am not with that employer anymore. 

 

My question is before I get my denial which the officer said will be in next 30 days, can I apply a new H1B with my current employer to continue my employment? My EAD expired in March and I have till september to work on EAD.

 

Please help me with my options so that I can start the process soon.

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Are you immigrating in an employment-based category? If so, then the provisions of INA 245(k) applies (see USCIS Policy Manual, Volume 7, Part B, Chapter 8, section E), which means that you are not barred from AOS due to being out of status or illegally working, as long as you have not been out of status or working illegally for 180 days since your most recent admission. You said that you entered the US in Nov 2020. Was that an admission (i.e. on a visa)? or a parole (i.e. on Advance Parole)? If it was an admission, then it should have reset your days for the purposes of INA 245(k), so you would only have to consider out of status and illegal working days since then. If it was a parole, then you have to go back to the last admission and count from there.

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