Xiaobaitu, please help me on this case, Thanks.

My F1 status ended in August 2004, but my H1 status started from Oct. 1st 2004. Does this 1 month gap affect I-485 application?

Fortunately in 2004, there was a [Supplemental Information Regarding the H-1B Numerical Limitation for Fiscal Year 2004 Affecting F and J Nonimmigrants] issued by BCIS said that if I filed H1B before July 30, 2004 and H1B start date no later than Oct. 1st, 2004. Then my F1 status can be automatically extended to Oct. 1st 2004. I did that, which means there was no real gap between my F1 and H1 status.

I'm wondering if it's necessary to put a special note to explain this situation? I'm afraid the INS officer may forget the situation several years ago and think I had out of status before when reviewing my I-485 application.

所有跟帖: 

Section 212 of INA allows 120 days grace period -howdy- 給 howdy 發送悄悄話 (173 bytes) () 09/15/2006 postreply 23:01:41

我可以提供證據證明我實際上沒有失去身份過 -tutututu- 給 tutututu 發送悄悄話 (98 bytes) () 09/15/2006 postreply 23:10:23

Gap was not a crime and should not be considered as -howdy- 給 howdy 發送悄悄話 (630 bytes) () 09/15/2006 postreply 23:21:59

Thanks, I'll inquire my attorney for this also. -tutututu- 給 tutututu 發送悄悄話 (0 bytes) () 09/15/2006 postreply 23:29:47

No problem, could ask ur attorney w/ gap could not be -howdy- 給 howdy 發送悄悄話 (59 bytes) () 09/15/2006 postreply 23:33:36

有短期的gap通常不會影響最終拿綠卡 -toosad- 給 toosad 發送悄悄話 (72 bytes) () 09/15/2006 postreply 23:02:24

你是說最好還是附上解釋,以免將來REF? -tutututu- 給 tutututu 發送悄悄話 (0 bytes) () 09/15/2006 postreply 23:06:58

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