Was out of US for 5 years then returned, do I qualify?

I meet Dream Act's five requirements, but I was out of the US for 5 years and then came back. How? I am documented. Other than this 5 year absence I meet all other provisions of Dream Act.

So do I quality? There is no requirement that one had to stay in the US continuously since the initial entry; only that one has to enter the US before 16, hold a US high school diploma, and been staying in the US since 2005.

You have a visa?

Yes, H-1B. Was always legal.

However, I also first arrived before 16, graduated from US high school, US college, US graduate school, etc, etc.

You must be out of status to qualify.

Why don't you try sponsorship via employer?

Not at all. The text of actual bill doesn't mention anything about the legal status.

If I really had to be out of status, I could be just by quitting my job.

My case is pending, but it takes forever, you know.

you must out of status and while you are in otherwise, you must be here for the last five years. sounds like you are should u get out of status. don't do it just yet.

I don't think you have to be out of status, if I remember reading it correctly...You're better off trying to get sponsored, dreamACT won't be moving any quicker than your pending case.

My question is about the definition of "Initial Entry" in the bill.

What does it mean? The first time you entered the US in your life, or the first time you entered the US with your current visa?

DREAM act has not passed yet, thus no one can give you a definite answer until it passes.

You should consult with an Immigration Lawyer for your questions. Their answers are much more credible than most people here.

Best of luck.

initial date of entry is what it sounds like. you came when you were 15 16years ago and then left the country a year later and stayed out for ten and been here for the last five. you are in. and yes, you have to be out of status.

this means that you must be out of status. should DREAM pass on October 8 and you go out of status on the 9th, you are out. if you go out of status on the 7th, you are in. and since you are legal on the 8th, you are out.

been at this since 2003 and know all the ins and outs. take it to the bank.