I finished my OPT in May of 2017, my company applied for my H1b visa in April of 2017. It was denied in December 2017. The company sent an appeal which was denied in December 2018. The company submitted a second appeal in January 2019. My girlfriend and I have been together for 3 years and now we want to get married, she is a US-born citizen. Have I accumulated unlawful status during this period?
The good news is that if you entered the US legally, which you did, and married a US citizen, any overstay is forgiven. I recommend that you consult an experienced immigration lawyer as soon as possible to arrange a plan to continue your adjustment of status.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline