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da1980

F1 family based AOS (son of US citizen)

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Filed: Country: Canada
Timeline

I need some input on my case. My case might be unique or weird, but any input will be appreciated.

So, I am a canadian citizen currently working in US on a H1B visa. My father US citizen filed a petition for me in 2004 which is current. I am thinking of filing AOS soon. (so far pretty straight forward, right :)).

Little bit more depth in my case: I am a medical graduate and I completed most of my clinical rotations in US.

I was in US from dec 2007 to august 2009 for medical rotations. (not continously but with some breaks in the middle).

In dec 2007, I entered US requesting B1 visa, however was given a N/C status with no specific date by which to exit US. I completed my rotation in sept 2008 and left US.

Entered US again in Oct 2008, but this time i was given B1 visa for 6 months. I was informed to leave by certain date. Again, i left US before the expiry of my visa and then later again entered US for 6 months for final sets of rotations.

This time also i was given a B1 with exit date.

In 2009, i found a job in US and applied to H1B and was approved and I started my employment in 2010.

Now my question is: am I eligible to adjust status in US? I read on one website that my first N/C status may have been considered an over-stay as N/C is considered for only 6 month and my status was 9 months in total. However, in 2007 when the immigration officer stamped my passport for N/C. I asked him twice if this is the valid status for clinical rotations and he said: "Sir, you're fine, as long as you're not getting paid. As a canadian citizen, you shouldn't receive any B1/B2 visa." So, I didn't trust him (:(sorry), but I made an infopass with USCIS office and asked the immigration officer the same thing and I was told the same thing. I am fine to finish my rotations and leave.

Nonetheless, after reading that website, I am again worried as this question might be brought on again during the adjustment of status again. Has any CANADIAN ever been in similar situation? How did you guys handle it? Anyone from any other country been in similar situation....can you please reflect on this issue.

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Filed: Citizen (apr) Country: Australia
Timeline

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1B (or other) visa and the prior forum is for K1, K2, K3 & K4**

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