回复:回复:Pjiang: 1-month gap between F-2 and F-1 out of status

来源: sdfsdfsdff 2008-09-20 19:14:57 [] [旧帖] [给我悄悄话] 本文已被阅读: 0 次 (806 bytes)
Didn't you ask this question one week ago? But you didn't mention "my hu*****and got reinstatement approved on 10/2002", if you mean F1 reinstatement by filing I-539 and it is approved, then his past F1 gap was retrospectively lawful status. It is very important that the "reinstatement" is in fact an I-539 F1 reinstatement, but not just a non-specific term you use to indicate that he later has a USCIS issued I-94, such as H1 without leaving US. Because approval of a later non-immigrant status change or status extension may not necessarily satisfy this I-485 RFE, in fact, if not an approval of F1 reinstatement, but just a later H1 status, you are still considered out-of-status for that period after I-20 expiration and start of new program for the purpose of determining your I-485 eligibility.
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