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mimi.mandarin

Need HELP determining if I accrued out of status stay and if it would be safe for me to travel on Advance Parole

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Filed: AOS (pnd) Country: Japan
Timeline

Hi, I just started my AOS process and I am really worried because I really want to travel to my home country after I obtain the Advance Parole (filed with EAD and AOS). But I have heard that a lot of people would get denied re-entry or Green card application if they had unlawful stay/overstay their visa in the US prior to leaving the country without obtaining their Green card.

I entered the country on H1B visa and my I-94 is valid until 30-Nov-14. However, I quit my job on 20-Oct-14. I got married around that time to a USC and filed for Adjustment of status on 5-Nov-14.

Now, what I'm wondering is...have I accrued any unlawful/Out of status stay? How does the government start counting the unlawful/Out of status/overstay of the visa? Is it from the day I quit my job, or the day that my I-94 expires? And when would I stop accruing the unlawful stay? The day I got the receipt number of my AOS filing or the day I get my green card?

I have read from a few threads/pages that people who accrued unlawful stay/overstay their visa for more than 180 days would face 3-yr bar out of the US, and if it's more than 1-year of unlawful stay, then it will be 10-yr bar, and that it will also affect the decision on whether or not they would approve/deny your AOS/Green card application.

But what if it's less than 180 days? Does the 'unlawful stay' disadvantage in Green card/AOS application, as well as the re-entry to the US after the trip, only apply only to people who overstay for 180 days+ or to anyone with any amount of unlawful/out of status stay in the US?

I'm not sure if there will be a lot of people with similar experience/knowlege, but I really really need any information I can get right now since I really don't know who to ask. I would be really grateful for any kind of input!

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