AOS pending,B1/B2 extension denied,Out of status for more than 180days

[JungBahadur 0]

Hi there, 

Well, I landed USA on Jan 24,2017 on B2 visitor visa.My visa expiry date wad july 23 ,2017.

On June 02,2017 I applied for B1/B2 (I-539) visa  extension.

Then I filed I-140 as EB-1 on June 09,2017 .With Rfe filing ,my I-140 was approved on September. I filed I-485 on September 29  which are still in pending now.My fingerprint is also done on Nov 19.

On 14th Feb 2018,I got my visa extension response  notice that says " your request to extend your stay is denied.This decision may leave you without lawful immigration status.If you are present in the united states in violation of the law,you are required to depart immediately. Remaining in the united states without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(B) of the immigration and nationality act (INA) and may adversely affect your ability to return to the united states lawfully in the future......................."

What should i do now.Am I out of status now?

 my pending i-485 was transferred to NBC that has jurisdiction over my case on march 09,2018

AP and EAD was approved on march 08,2018.

My lawyer said to me that I should leave USA now and try to re-enter USA using previous B1/B2 visa that will give me new I-94.If not allowed then show AP to enter.

I am really confused what I should I do.I read somewhere that if  AOS is filed within 180 days period after visa expiry , it will be considered under INA section 245k for employment based applicants.

I really don't know what should be done.just wait and see what the final result say or leave US and reenter.Please help me.I will highly appreciate you.

 

[kzielu 1,147]

I believe you need legal status to adjust from - if that's the case, your I-485 will be denied.

[Roel 7,191]

Pretty sure your b2 visa is canceled and useless at this point. 

[Ben&Zian 4,397]

20 minutes ago, JungBahadur said:

 

My lawyer said to me that I should leave USA now and try to re-enter USA using previous B1/B2 visa that will give me new I-94.

 

 

 

I'm sure immigrations would love you trying to re-enter with a B2 and telling them you just need a new I-94 to adjust status on. Sounds like you need a new lawyer.

[Crazy Cat 39,222]

If you had any overstay at all on that B2, it was automatically voided.........

[Cyberfx1024 7,978]

28 minutes ago, JungBahadur said:

Hi there, 

Well, I landed USA on Jan 24,2017 on B2 visitor visa.My visa expiry date wad july 23 ,2017.

On June 02,2017 I applied for B1/B2 (I-539) visa  extension.

Then I filed I-140 as EB-1 on June 09,2017 .With Rfe filing ,my I-140 was approved on September. I filed I-485 on September 29  which are still in pending now.My fingerprint is also done on Nov 19.

On 14th Feb 2018,I got my visa extension response  notice that says " your request to extend your stay is denied.This decision may leave you without lawful immigration status.If you are present in the united states in violation of the law,you are required to depart immediately. Remaining in the united states without a lawful status after the date of this decision may result in the accrual of unlawful presence under section 212(a)(9)(B) of the immigration and nationality act (INA) and may adversely affect your ability to return to the united states lawfully in the future......................."

What should i do now.Am I out of status now?

 my pending i-485 was transferred to NBC that has jurisdiction over my case on march 09,2018

AP and EAD was approved on march 08,2018.

My lawyer said to me that I should leave USA now and try to re-enter USA using previous B1/B2 visa that will give me new I-94.If not allowed then show AP to enter.

I am really confused what I should I do.I read somewhere that if  AOS is filed within 180 days period after visa expiry , it will be considered under INA section 245k for employment based applicants.

I really don't know what should be done.just wait and see what the final result say or leave US and reenter.Please help me.I will highly appreciate you.

 

Who is petitioning you for work? What it looks like to me is that you are trying any way possible to stay in the USA. What's next if your I-485 is denied, a asylum request?

[Roel 7,191]

3 minutes ago, cyberfx1024 said:

Who is petitioning you for work? What it looks like to me is that you are trying any way possible to stay in the USA. What's next if your I-485 is denied, a asylum request?

Marrying US citizen probably 

[Ben&Zian 4,397]

4 minutes ago, cyberfx1024 said:

Who is petitioning you for work? What it looks like to me is that you are trying any way possible to stay in the USA. What's next if your I-485 is denied, a asylum request?

 

Not that the OP is trying to bypass anything, not saying that myself; but these are reasons I personally can't stand any AOS from inside the US from like tourist visas and such. It's just a way to bypass the longer process where you may not have even qualified... and it is highly annoying.

Edited March 22, 2018 by Ben&Zian

[Cyberfx1024 7,978]

2 minutes ago, Roel said:

Marrying US citizen probably 

I was thinking that as well but I am talking right away. Because to me it looks like he is trying to get more time for whatever reason, maybe to find a wife?

[Cyberfx1024 7,978]

4 minutes ago, Ben&Zian said:

 

Not that the OP is trying to bypass anything, not saying that myself; but these are reasons I personally can't stand any AOS from inside the US from like tourist visas and such. It's just a way to bypass the longer process where you may not have even qualified... and it is highly annoying.

I did not say bypass but I think he is grasping at straws to stay here in the USA.

 

 

When did you become a organizer? That was fast? I have talked with a couple Mods about becoming a organizer and hope it happens.

[JungBahadur 0]

Does anyone know about INA section 245K ,will it gonna save my GC??

[Roel 7,191]

What are you even adjusting from if you don't have a legal status? (Your B2 extension was denied)

[Cyberfx1024 7,978]

5 minutes ago, JungBahadur said:

Does anyone know about INA section 245K ,will it gonna save my GC??

I stand by my statement and it is confirmed with this.

[JungBahadur 0]

my AOS is based on employment .In section 245k its written that if AOS was filed within 180days  and if its employment based applicants ,they are considered though status violation is there.

[Cyberfx1024 7,978]

1 minute ago, JungBahadur said:

my AOS is based on employment .In section 245k its written that if AOS was filed within 180days  and if its employment based applicants ,they are considered though status violation is there.

What employment do you do?