485 and travel - 245(i)

K

klaas

Registered Users (C)
I had overstayed more than 180 days in 1996. after that i left the country and returned to the US in 1997 on an H1 visa. since then I have been
in status at all times. My wife\'s company has filed for 485 for us in aug 2001. And her lawyer insisted on filing my application with a 245(i).
so i even paid the additional 1000$. later when i spoke to an officer at the local ins office she informed that 245(i) filing was not needed.

now i need to travel to India soon - I am a physician working for a well known university hospital
1. Can i travel on advance parole or would that be a problem if I have filed my application with 245(i) also
2. Could i not take advance parole but get my H1 stamp on my passport in India as i have a valid H1 till 2004( buit do not have stamp on the passport)
 
My 2c

Have the AP ready. Try to get the H1 stamp at your home country. If you get the stamp use H1. If H1 stamping is rejected at the consulate use AP. With H1 stamp, POE will not check your 485 app and will not ask unnecessary questions (and it is legal to use H1 even while trying to adjust the status).
If using AP, if the officer is confused, ask to speak to a supervisor and explain your situation calmly. You should be fine.
 
Try www.aheckler.com

He is very helpful attorney. Answering for free within 1-2 days.
I think i saw similar question there. He answered "...you\'d be bared for 3 years even with AP..."
But ask him to be sure.
 
You will be fine

First of all you shouldn\'t have paid the $1000 fine. I think you need to get a more qualified one :-).You qualify under 245(k) which says that the 180 days applies "only" to days after the aliens last admission to the US. In this respect you have been out of status 0 days and you should have filed your 485 under 245k and not 245i.
Nevertheless I second the idea proposed by jaxen for your re-admission into the US. H-1 is the way to go IMO, but just in case u run into problems have your AP ready. I have travelled in AP under 245(k) provision and I have had absolutely no problems. Good luck. Hope this helps.
 
thanks but..

what is 245(k) could you tell me more about this and do i need to do anything to rectify the the 245(i)
 
245(i) and 245(k) apply to adjustment eligibility

Just because a person is able to adjust in the US does not mean that the person will not be subject to the mandatory 3/10 year bars if the person leaves the country.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Urgent Help!

Hi all,
        I applied for my AOS(I-485) in February 1st week. I know my EAD and AP (Work permit and Advance Parole)will be due hopefully sometime after 2-3 months. That is by May 2002. I have to travel abroad for whole summer to take care of my mother. She will be having operation and I have to take care of her for the whole summer.

Now the Question is that usually the "Finger Print" appointment comes 4-5 months after filing AOS. In my case we can expect it to be sometime either in May-June. I will be back in Mid-August. Can anyone PLEASE help me in providing information. How long is the "Finger Print Appointment" valid? someone said its valid for 90 days. So even if it comes in May 2002, I can come back and get them done by August 2002. Right? I don\'t wanna go for Reschedule. Please Help! Thanks a lot
 
Jim does that mean you are saying..

that it is not possible for me to travel before the 485 approval. Is there any way out of this that I can travel before the approval as i have to travel urgently, appreciate you help
 
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