My friend previously got a gap of 9 months in his status due to one lawyer's mistake. Later he left US and got a new H1B visa from another employer to re-enter the US and is working in the US without any gap since his last entry.
When filing I-485, the applicant needs to submit all the I-20s, OPT card, H1B approval notices and most recent I-94 card. So CIS will find the previous gap before his last legal entry.
Q1. How to prepare his I-140 and I-485 application to avoid problem or rejection due to the previous gap?
Q2. Do you think that the lawyer who made the mistake needs to submit an explanation letter when filing I-485, before CIS notice the gap? Or will he submit an explanation letter after CIS find the gap?
Q3. How to use 245(k) to protect this case?
Thanks.