(245(i) - Qualified for how long?

inon

Registered Users (C)
Hi all,

I moved out of USA (in 12/2001) after my I-140 approved and got laid-off, and at the same time I completed 6 yrs on my H1-B.

Then I consulted an attorney, and was been told that according to my Labor filing date I am eligible under 245 (i) category. However, I need to be in USA for AOS filing.

My question is, for how long I am eligible under 245(i) category? Can I come back to US after 4 yrs and still apply for AOS under 245(i)?

I cannot consult this attorney again due to my financial constraints. I appreciate if anyone can shed some light on this. Thanks a lot.
 
Yes you can unless

INS declares that it won\'t accept any such cases any more at some future date.
 
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