I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

Re:I'm Peter Roberts, immigration attorney who does work for... by fgdorais on Thursday November 09, 2023 @05:53PM (#38212541)

I'm not the expert here, but AOS only applies when you're currently in the US. Has this person been in the US for over a decade without a valid status?

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Re:I'm Peter Roberts, immigration attorney who does work for... by temp91223 on Thursday November 09, 2023 @05:59PM (#38212600)

Currently in the US. Reentered US again after visa overstay and maintained valid status since then. Current employee is planning to apply for H-1B next year. Although prior overstay length is < 180 days - the worry is still there.

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Re:I'm Peter Roberts, immigration attorney who does work for... by fgdorais on Thursday November 09, 2023 @06:10PM (#38212718)

There are a lot of "forgiveness rules" but they are tricky. I think you need to consult a lawyer to assess the exact situation. I hope this works out!

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