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Being out of Status and AOS
My SEVIS number was terminated on Sep 2017. Got married to a LPR on Dec 2017. On March 2018 concurrent filed I-140 (NIW) , I-485, I-756 and I-131 before I reached to 180 unlawful presence (INA 245 (K)). We also filed form I-130 around the same time based on my marriage. I would be appreciated if someone can answer my questions:
1. Can I submit a new I-485 based on my marriage if I-140 or I-485 denied and my priority date would be current at that time?
2. Can I do "Transfer of Underlying Basis" at the time that my priority date would be current for family basis and my I-485 would be still pending based on my NIW? Or I'm not eligible to do that, because I was out of status after my SEVIS termination.
3. Do the counting of unlawful presence stop after I filed I-485 and I would not pass 180 days, and be safe to use advanced parole? Thanks
1. Can I submit a new I-485 based on my marriage if I-140 or I-485 denied and my priority date would be current at that time?
2. Can I do "Transfer of Underlying Basis" at the time that my priority date would be current for family basis and my I-485 would be still pending based on my NIW? Or I'm not eligible to do that, because I was out of status after my SEVIS termination.
3. Do the counting of unlawful presence stop after I filed I-485 and I would not pass 180 days, and be safe to use advanced parole? Thanks
