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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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Hi, I was out of status in December 2010 for one month and

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Hi, I was out of status in December 2010 for one month and was re-instated approval came back in May 2011. I gained H1B VISA and currently working for a company. Now my company is willing to file for my GC. I heard reinstatement causes I-485 denial. Is this true?
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Reinstatement of what? F-1 status?
Customer: replied 3 years ago.


Why did you fall out of status in the first place? Why did you require reinstatement?
Customer: replied 3 years ago.

  • I dropped one course for one semester

  • Did not work anywhere illegally and maintained lawful status before and after that particular semester

  • Got my OPT EAD in August 2011

  • Got my H1B in June 2012

I'm a little concerned about hat you are hearing. Or maybe I'm missing something. Where did you hear that your Adjustment would be denied if you were reinstated to F-1 status previously?
Customer: replied 3 years ago.

I read some posts on some websites, in-fact some schools that say that out of status causes ineligibility for AOS.

You are right, if you are out of status, you can't adjust your status in most cases. But when you were reinstated, you got back into status, and therefore are eligible to apply for adjustment of status.

You should be careful of believing or relying too much on message boards. Sometimes people don't explain that their situation is completely different that yours, so you should not always believe what you read, or think that your situation is exactly the same.

Yes, you were out of status; but you had that reinstated. If you did not, then you would not have been eligible to change your status to H1B either.

There is no such restriction on adjustment of status if you have previously been reinstated. Only if you are out of status now would this be a problem. If you want to send me to some of those sites to look at and see what they say, I can do that. But I do not believe you have anything to worry about.

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