Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?
I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?
That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.
I must say that having Mr. Khanna as my attorney was a great experience. He filed my EB1 I-140 and the case got approved without an RFE. Before filing I had several conversations with Mr. Khanna. He was always available to talk and would give advice, backing it up with rules and regulations. He knows the requirements well and is great with clients...making sure your concerns are addressed at any point in the process and that the process goes as it should. I will recommend him whole heartedly.