Employment Based Adjustment of Status after having been out of status in prior entry

[karishmaa]

Hello,

Long time lurker. First time poster here. EB2-NIW approved and preparing to file I-485. Employer ($100B+ annual revenue) is listed as the petitioner in the NIW and I am the beneficiary. Employer is paying a large law firm to help file the I-485. As part of the law firm's questionnarie, they asked if I "Have ever violated the terms or conditions of your nonimmigrant status". 

I marked Yes in their form and the law firm requested more details.

I disclosed that I had lost my job previously on H1B and fell out of status. There was no formal 60 day grace period in effect during that time. I left the USA 92 calendar days after the layoff but before I-94 expiry. A subsequent H1B petition was approved with consular processing and I returned to the USA. Since then I have had subsequent H1B renewals as well as stampings abroad. I simply got an email reply saying that is fine - no explanation.

Now on the I-485 which they have prepared, I see they have marked NO for the question "Have you EVER violated the terms or conditions of your nonimmigrant status".

I understand that past status violation of the kind I had are forgiven by 245(k). Feels odd to ask for their clarification again - but does having been out of status imply that I had in fact violated the terms and conditions of my nonimmigrant status? 

Thank you in advance for your input.

 

[newacct]

Being out of status and violating the terms and conditions of your status mean the same thing. I think you should select Yes.