April 11, 2022
When a client sought to change their status from H-4 to H-1B, they realized the client’s status had already been changed for a year. This discovery meant that the client had fallen out of status and accrued over a year of unlawful presence. Through careful examination by the American Immigration Law Group, our attorneys found that this change in status was a mistake by the client’s employer.
We immediately filed a nunc-pro-tunc request with the USCIS showing that the automatic change of status was not intended by the client. Since the unlawful presence was not the client’s fault, we were able to get their status changed back to H-4 and resolve this complex issue. The client has since traveled outside the country and changed statuses without problems.