245(i) instead of I-485?

[fantastico]

hi hello,

i was wondering if anyone has experience with the 'adjustment of status' process. if i am not eligable for i-485, is the 245(i) the only way?

i was initially here on an h1-b visa. but my employment ended three years ago, though i am still here. am i still in status if my paperwork runs out at the end of the year?

i recently got married to a u.s. citizen. we are currently working on filing the i-130.

what are my chances of success in filing for i-485? someone had mentioned that i should file the 245(i), and not the i-485, since my employment application was granted back in early 2000, but i am currently 'out-of-status'.

well. any inputs would be appreciated.

tks alot!
f.

 

[ginnu]

hi hello,

i was wondering if anyone has experience with the 'adjustment of status' process. if i am not eligable for i-485, is the 245(i) the only way?

i was initially here on an h1-b visa. but my employment ended three years ago, though i am still here. am i still in status if my paperwork runs out at the end of the year?

i recently got married to a u.s. citizen. we are currently working on filing the i-130.

what are my chances of success in filing for i-485? someone had mentioned that i should file the 245(i), and not the i-485, since my employment application was granted back in early 2000, but i am currently 'out-of-status'.

well. any inputs would be appreciated.

tks alot!
f.

for 245(i)go to below link and read and if you dont understand then post
http://www.uscis.gov/graphics/howdoi/hdi245i.htm

 

[SopCap]

You can use 245(a)

hi hello,

i was wondering if anyone has experience with the 'adjustment of status' process. if i am not eligable for i-485, is the 245(i) the only way?

i was initially here on an h1-b visa. but my employment ended three years ago, though i am still here. am i still in status if my paperwork runs out at the end of the year?

i recently got married to a u.s. citizen. we are currently working on filing the i-130.

what are my chances of success in filing for i-485? someone had mentioned that i should file the 245(i), and not the i-485, since my employment application was granted back in early 2000, but i am currently 'out-of-status'.

well. any inputs would be appreciated.

tks alot!
f.

Once your I-130 is approved you can apply for adjustment of status (I-485) and invoke the 245(a) clause, which makes you eligible for AOS in spite of being out of status for so long because you are married to an american citizen. In fact, being married to an american citizen is about the only way you can apply for AOS if you have been out of status for more than 180days. 245(i) provisions are for other categories, and you need to have had an immigration petition (such as I-140 or labor) filed before April 2001 (could be Jan 2001, but it is a long time ago, anyway).
The one thing to watch out for is to not travel outside of the US until you get your green card, because it looks like you have been out of status for several years (if I understand your post correctly) so you would be subject to the re-entry ban.
A lawyer should be able to explain the details to you, but again, if you file through your American citizen spouse you are fine, no matter for how long you have been out of status.
Good luck!