I filed my I-140 and just right before the approval I was laid off but the company had an intention to rehire me. After 1 year from 140 approval date, I filed my 485. I got my EAD within 3 weeks and the sponsored company rehired me in different location for the same or similar job. Right after my lay off, I got the job in different location (new employer)and I worked for 2 months, I filed for H1 transfer and the INS denied my case. then with in 2 weeks, I filed for COS to F1. The INS denied my COS then I filed for I485 with in 2 weeks from the denial notice. I don't know whether I was out of status for those 2 weeks between the H1 and F1 and 2 weeks from F1 to 485 but my I-94 was not expired for the whole time. DO i need to file for 245k? Am I going to pose any problem? Please some one can help me out. Thanks a million
485..please help..
- Thread starter kannel
- Start date
PrinceofJungle
New Member
Hello
If you are unsure abuot the status I suggest to contact ur attorney.
I believe ur current situation and question is that u are on right track to get GC?
Yes, you are. (never confuse INS telling rehire blah balah make is simple always tell them only what you are asked.)
Your company filled 140 once you got your 140 approval you can start work. company didn't rewoked or canceled ur 140 pettition (assuming because u wrote rehire). if there is any delay between ur start working its not the issue or prob.
you start working after ur 140 approved..... and then u filled 485 (doesn't matter you are on status or not). you got ur EAD u start working on same company.
You are all set ..... when they will open ur 485 file usually they will ask two magor things for those ppl who claims they are not out of status....
1. prrof of status
2. EVL - employment verificaiton letter
if u can't proof u are on status not a prob.... you would need to pay fine $1000 and you willl automatically fall in 245(i).
So bottom line is you are working in the same company (doesn't matter location). using same 140 anc LC. at the time of GC/485 you will be asked only to provide proof of STatus on certain time ( i.e 200-2001). and EVL. thats all... if u couldn't prove about ur status they are not doing anything wrong with ur case. you willl pay $1000 fine for 245(). thats all.
btw when u filled 485 what did u mention about status?? did u or ur attorney filled ur 485?.
Always make ur pettiton/Doc/RFE copies for ur personal records... you may need in future.
Pay taxes on time. keep ur all W2. paystubs (good to make copy of ur paychecks).
anykind of prrob bill/letter that u lived/has been living on this place.
so sit tight and don't panic just relax.
talk this issue with ur attorney and get advised.
Hey I am not attorney I am just in same ship as u ppl are.... what all I wrote just share my opinion, if it help u.
P.O.J
always smile
help ppl so u can get helped
If you are unsure abuot the status I suggest to contact ur attorney.
I believe ur current situation and question is that u are on right track to get GC?
Yes, you are. (never confuse INS telling rehire blah balah make is simple always tell them only what you are asked.)
Your company filled 140 once you got your 140 approval you can start work. company didn't rewoked or canceled ur 140 pettition (assuming because u wrote rehire). if there is any delay between ur start working its not the issue or prob.
you start working after ur 140 approved..... and then u filled 485 (doesn't matter you are on status or not). you got ur EAD u start working on same company.
You are all set ..... when they will open ur 485 file usually they will ask two magor things for those ppl who claims they are not out of status....
1. prrof of status
2. EVL - employment verificaiton letter
if u can't proof u are on status not a prob.... you would need to pay fine $1000 and you willl automatically fall in 245(i).
So bottom line is you are working in the same company (doesn't matter location). using same 140 anc LC. at the time of GC/485 you will be asked only to provide proof of STatus on certain time ( i.e 200-2001). and EVL. thats all... if u couldn't prove about ur status they are not doing anything wrong with ur case. you willl pay $1000 fine for 245(). thats all.
btw when u filled 485 what did u mention about status?? did u or ur attorney filled ur 485?.
Always make ur pettiton/Doc/RFE copies for ur personal records... you may need in future.
Pay taxes on time. keep ur all W2. paystubs (good to make copy of ur paychecks).
anykind of prrob bill/letter that u lived/has been living on this place.
so sit tight and don't panic just relax.
talk this issue with ur attorney and get advised.
Hey I am not attorney I am just in same ship as u ppl are.... what all I wrote just share my opinion, if it help u.
P.O.J
always smile
help ppl so u can get helped
Last edited by a moderator:
Thanks prince. This makes me feel good. my attorney filed 245 with $1000 along with my 485 application for the status. The sponsored company is willing to help me anyway I want to get the GC. Last year (2001) I worked for only one month (while i was in H1b transer after my layoff from the sponsored company). Once the INS denied, I stopped working and I joined the school and applied for change of status. Once the INS denied my case I joined the sponsored company back in the begg of January. If they ask my w2 for 2001, what should I do? I worked only one month (not with my sponsered company) with different company. Do you think they raise the question about no pay for almost one year. Please advise me on this. I worked for the whole 2002 with the sponsoring company. I have no problems for 2002 w2. I am worried about 2001. Please let me know what should I do and will the INS do? thanks for your assitance.
RD Nov 8, 2002 for 485 VSC.....
RD Nov 8, 2002 for 485 VSC.....
PrinceofJungle
New Member
Hello again
Good....
thats mean u already filed under 245() ..... and paid correct fees.
>>>Thanks prince. This makes me feel good. my attorney filed
>> 245 with $1000 along with my 485 application for the status.
When did ur 140 approved??? and u got EAD and used EAD?? I belive u worked 2002(complete year same company). if that is right then why are u worry about 2001 W2?????? here is How Employment based GC process work I believe.
this is future based employment comitment/promised from ur sponser company that they are going to hire u once ur docs set. After LC and 140. you are allowed to work with same company (if uare aldready working either H1.. its okay you can switched from H1 to EAD). you work all year and company gives W2 and u pay taex (1040).
You are all set why u are so worry my friend..... u start employment (doesn't matter a little late). but u are working with this same company ..... and when RFE come ur company will response them saying Yes THEY ARE WILLING TO CONTINUE/HIRING U ON JOB (permanent employee and giving u support to adjust ur status here blah blah.....
this letter is assurance/guarantee for INS that the title GC-holder they are going to give u is ur right becauase u going to work for them... if u aldreay worked thats good.... if not and have no W2 frm this company thats no prob.... (I believe). you earn somehow and filled 1040 tax.. thats all... send the copy ..
but don't send and tell whar you are not asked to do......
make everyting simple.... don't confuse them with ur past/furute planned.... balah balah....
I blieve asking W2 is just making sure that u did work (any company). and not just filing the 1040 tax for saying yes I earn $$$$ amount... and here is tax.........
You got it.... so stop worring previous W2 count ur employment tax since u join them (either late no prob). send the W2 (2002 if asked). and previouse (1040 tax return if asked). and 2003 u were in same company...hoped u aldready filed tax.
thats it....
Good luck.
P.O.J
always smile
help ppl so u will get helped
Good....
thats mean u already filed under 245() ..... and paid correct fees.
>>>Thanks prince. This makes me feel good. my attorney filed
>> 245 with $1000 along with my 485 application for the status.
When did ur 140 approved??? and u got EAD and used EAD?? I belive u worked 2002(complete year same company). if that is right then why are u worry about 2001 W2?????? here is How Employment based GC process work I believe.
this is future based employment comitment/promised from ur sponser company that they are going to hire u once ur docs set. After LC and 140. you are allowed to work with same company (if uare aldready working either H1.. its okay you can switched from H1 to EAD). you work all year and company gives W2 and u pay taex (1040).
You are all set why u are so worry my friend..... u start employment (doesn't matter a little late). but u are working with this same company ..... and when RFE come ur company will response them saying Yes THEY ARE WILLING TO CONTINUE/HIRING U ON JOB (permanent employee and giving u support to adjust ur status here blah blah.....
this letter is assurance/guarantee for INS that the title GC-holder they are going to give u is ur right becauase u going to work for them... if u aldreay worked thats good.... if not and have no W2 frm this company thats no prob.... (I believe). you earn somehow and filled 1040 tax.. thats all... send the copy ..
but don't send and tell whar you are not asked to do......
make everyting simple.... don't confuse them with ur past/furute planned.... balah balah....
I blieve asking W2 is just making sure that u did work (any company). and not just filing the 1040 tax for saying yes I earn $$$$ amount... and here is tax.........
You got it.... so stop worring previous W2 count ur employment tax since u join them (either late no prob). send the W2 (2002 if asked). and previouse (1040 tax return if asked). and 2003 u were in same company...hoped u aldready filed tax.
thats it....
Good luck.
P.O.J
always smile
help ppl so u will get helped
Last edited by a moderator: