Query regarding L1A to H1B COS


gczone

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Hi Friends,

I have situation, kindly seeking the options. Experts/Gurus pl suggest me.

I was on L1 A for the company A till Jun 2008. My H1B (COS) from the company B was approved on 1 OCT 2007. I started working on H1 B from June 2008 after my expiration of L1 A I 94.

I am EB2 India and current as of Jan 2012 bulletin. My attorney is little worried to file my AOS because of this long gap betwn L1A and H1B joining date. What are my options now ? If I file AOS, what kind of RFE I may get. This is an urgent question. Kindly requesting suggestions.

Thanks .

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This seems like you have been out of status from the date of your H1 approval till you started working for H1 employer. It was also more than 180 days out of status, which actually makes you ineligible to file I-485. The good news is that since you have not been in the US illegally, and you are not subject to entry bars, the best course of action for you to leave the country and re-enter on your H1 before filing for AOS. That resets your status. If you have done it between June 2008 and now, you should be good to go.

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