2 months out of status and consequences

S

sbabunle

Registered Users (C)
Hello There
I was out of status for 2 1/2 months from Jul 15 , 2004 - Sept 30 2004.
My 140/485 was filed on Oct 1 2004. I got 140 approved a month ago. My question is Do they deny my 485 since I was out of status? To be eligible
for 485 one of the law is that the person should be in status through his/her stay in the US.

By the way my attorney worked out a H1B amendment and brought me
back to status on OCT 1 2004 onwards.

What are my chances? I'm really anxious about this. I would like to
hear from you readers what you guys think.

thanks
babu.
 
sbabunle said:
Do they deny my 485 since I was out of status? To be eligible for 485 one of the law is that the person should be in status through his/her stay in the US.
Click to expand...

245k covers you for a period of up to 180 days. You'll be fine.
 
maple_cartier said:
Check out the 'nunc-pro-tunc' process with your attorney...if he has done it already..it is cool
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Since the poster can claim 245k relief a nunc pro tunc petition is of little value except to the attorney's bank account. Where a nunc pro tunc petition is necessary is when the period of stay exceeds 180 days, and the 3/10 year bars have kicked in.
 
Hello Real Canadian
How can I know that if I'm in 3 or 10 yrs ban? Is there
any way to figure out than get out of US and come back?
( If they stop me then I can make sure I've problems :D )

thanks
babu
 
sbabunle said:
Hello Real Canadian
How can I know that if I'm in 3 or 10 yrs ban? Is there
any way to figure out than get out of US and come back?
( If they stop me then I can make sure I've problems :D )

thanks
babu
Click to expand...

How did come to know you were out of status for two months?
other question is
What do you meant by out of status for two months?
Did you overstay your H1? or
just you were jobless?
3 or 10 years ban is applied usually when you over stay your I-94. People who does not have job for couple for month usually just go out and come in new I-94.
 
Hello Tammy2
Its an interesting ( and a little complex ) scenario.
( I dont know if you will have enough patience to go through my story)

It all happened in 2004 Apr - 2004 Oct

On Mar 2004--> My H1B was set to expire on July 15, 2004.
On Apr 2004--> Filed new extn and got approved OCT 2005
On Apr 2004 3rd week I went to India. ( My visa stamp was good until July 2004)
---I didnot stamp new visa. So my first H1B is good until Jul 2004 and the extnsn from Jul 2004 to Oct 2005.---
On May 2004 first week I was back to US...At the port of entry they
gave me I-94 until Jul 15, 2004....( Thats were the problems started)
I THOUGHT I'M GOOD UNTIL OCT 2005 since I'VE MY EXTN. But I was
wrong and I found that out on JUL 29.
So according to the most recent I-94 I'm out of status. I had my labor
cleard and was trying to file 140/485 at the same time. My lawyer told
me that I'm out of status.( At that time he was reviewing my documents
to file 140/485)

Lawyer told me to go and correct I-94 immediately. But again problems.
I submitted my documents Dept State , Wash. DC to stamp new VISA. And they lost all my
documents. ( I had a nervous breakdown at that time,but somehow managed)

So lawyer told me to amend the H1B. And we filed an amendment. And finaly
by Sept 15 I got my amended H1B. So technically from Jul 16-Sept 15 I was
out of status.

The whole thing was a nightmare. I needed get my duplicate passort
and other documents.


thanks
babu
 
I was out of status for a month. It did not affect my processing. Real Canadian is correct. You have 180 days and you are fine. If you are over 180 days out of status then the three year ban comes into affect. If over a year then the 10 year ban comes into affect.
 
sbabunle said:
Hello Tammy2
So lawyer told me to amend the H1B. And we filed an amendment. And finaly
by Sept 15 I got my amended H1B. So technically from Jul 16-Sept 15 I was
out of status.

thanks
babu
Click to expand...

When did apply for ammendment? Was this ammendment was for same H1 that you applied in April?
 
Hello Tammy2
Yes. The amendment was for that april H1B. Atty double checked
and confirmed that, I'm alright. (Its atty murthys office. I think they
know what are they doing )
What do you think of the whole thing?
thanks
babu.
 
TheRealCanadian said:
245k covers you for a period of up to 180 days. You'll be fine.
Click to expand...

You mean 245i ?? That expired in 2001. People filing after the expiration date would have to leave to country ot adjust.
 
USCIS guru said:
You mean 245i ?? That expired in 2001. People filing after the expiration date would have to leave to country ot adjust.
Click to expand...

No, I mean 245k. It's available to all EB filers, with no sunset date and no penalty fee. 245k and 245i are two very different animals.
 
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