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I am currently employed in MD as a Marketing Analyst. My company sponsors me for a green card. I process green card twice because at the first time, my lawyer was putting me under EB 3 while I have a Master degree. Anyhow, he couldn’t put me back in EB2 and my I 140 at that time was rejected.
For the second green card process, he sent my case under EB2 and my labor certification was audited for 26 months but approved around May14, 2010. At that time, my H-1 B visa was valid until May20, 2010. My lawyer sent the I-140 and 485 applications on May17, 2010 thinking that USCIS will receive my application by May20, 2010. We received a receipt on May28, 2010 which mean that I have been out of status for 8 days.
On May 26, 2010, My lawyer realized that he didn’t have a receipt yet so he applied for a change of visa from H1 to B1. But we got a denial letter in B1 case last week.
I received a work permit on August 19, 2010 and since he applied for an advanced parole and I just received it two weeks ago, he recommended me to leave the US and come back on an advanced parole which I did. I went to Canada last weekend and came back on Sunday, Sept19, 2010. I called my lawyer yesterday and told him that I am back to the US and see which documents he needs. He said that he didn’t need anything and I have to wait for an interview. He said that there is a chance that I have to leave the country and wait to get green card in my country which I don’t understand.
I have been waiting for this green card process and I started that first process in Aug 2005.
My question is:
1.What was my status during May21-Aug18?
2.By using advanced parole to leave the US is going to solve the issue during the period or May 21-Aug 18?
3.What should I tell the USCIS officer about the case? During this period, I was working as well because we thought that B1 would be approved so I should be able to work normally.
4.Is there a chance that they will deny my I485?
5.What is the best option I have?
6.Do I need to wait for a green card in my home country and how long it would take?
Thank you for all advise.
For the second green card process, he sent my case under EB2 and my labor certification was audited for 26 months but approved around May14, 2010. At that time, my H-1 B visa was valid until May20, 2010. My lawyer sent the I-140 and 485 applications on May17, 2010 thinking that USCIS will receive my application by May20, 2010. We received a receipt on May28, 2010 which mean that I have been out of status for 8 days.
On May 26, 2010, My lawyer realized that he didn’t have a receipt yet so he applied for a change of visa from H1 to B1. But we got a denial letter in B1 case last week.
I received a work permit on August 19, 2010 and since he applied for an advanced parole and I just received it two weeks ago, he recommended me to leave the US and come back on an advanced parole which I did. I went to Canada last weekend and came back on Sunday, Sept19, 2010. I called my lawyer yesterday and told him that I am back to the US and see which documents he needs. He said that he didn’t need anything and I have to wait for an interview. He said that there is a chance that I have to leave the country and wait to get green card in my country which I don’t understand.
I have been waiting for this green card process and I started that first process in Aug 2005.
My question is:
1.What was my status during May21-Aug18?
2.By using advanced parole to leave the US is going to solve the issue during the period or May 21-Aug 18?
3.What should I tell the USCIS officer about the case? During this period, I was working as well because we thought that B1 would be approved so I should be able to work normally.
4.Is there a chance that they will deny my I485?
5.What is the best option I have?
6.Do I need to wait for a green card in my home country and how long it would take?
Thank you for all advise.
