Here is my situation:
1. My last lawful entry to the USA is March, 2013 with F1 visa. D/S on I94.
2. I think I did violate the F1 status since I involved in unauthorized employment in March 2015.
At that time, I was still holding F1 visa, without OPT, without CPT.I worked on a small project for my friend's company for 22 days.
I got paid and W2 form. I understood that I should not do that.
3. I graduated from Ph.D in May,2015 and applied the H1B in Oct, 2015. The H1B got approved in Oct. 2015. Since I am working in an academic institution,
I did not have to do the lottery for H1B. However, as mentioned in item 1, I have never been outside of USA since last entry.
Here are my questions:
1. Do I still qualify 245k since I do not know how to coint the days I have been failing to maintain status.
2. Will my I485 be denied for sure?
3. Will the judge revoke my H1b since I applied it when I did not maintain my f1 status?
4. Or even worse, will the judge consider me misrepresentation for H1B and give me the bar of admission to the usa lifetime long?
What shall I do? Please help.
Thank you very much.
Question requires detailed analysis. Not appropriate for free online forum.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
You do not provide facts about I-485 but you are asking a question about it.
You are correct. Working off campus during F1 is a violation of your status.
Please consult with an experienced immigration attorney to clarify facts and to answer your questions.
You have presented a case synopsis that exceeds a reasonably brief general legal opinion by anyone on Avvo and calls for an IMMEDIATE LEGAL ANALYSIS of all relevant documents in person by a counsel of record, NOT A RANDOM stranger attorney on Avvo.
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