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AP Terms and Conditions
I was reading notice related to AP where it has been mentioned
“If you are unlawfully present for more than 180 days but less than one year beginning April 1, 1997, you are barred from seeking an immigration benefits for three years. If you are unlawfully present for one year or more, you are barred from seeking an immigration benefit for ten years.”
First time when I came to USA on H1B, my employer was not able to place me on project for nearly 8 months and during this period he did not pay me any salary except for my expenses and accommodation.
My I-94 was always valid.
Now my question is, will I be considered unlawfully present in USA while I was on bench and will it have any impact on my AOS. Is it safe to use AP in case if H1B visa denied?
“If you are unlawfully present for more than 180 days but less than one year beginning April 1, 1997, you are barred from seeking an immigration benefits for three years. If you are unlawfully present for one year or more, you are barred from seeking an immigration benefit for ten years.”
First time when I came to USA on H1B, my employer was not able to place me on project for nearly 8 months and during this period he did not pay me any salary except for my expenses and accommodation.
My I-94 was always valid.
Now my question is, will I be considered unlawfully present in USA while I was on bench and will it have any impact on my AOS. Is it safe to use AP in case if H1B visa denied?
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