all 245i applicants transfered to local office for interview?

G

gcdilemma

Registered Users (C)
Is there anyone with 245i got approval without interview?

As my previous lawyer did too much mistakes in my application to extend the H1B,it caused some out-of-status period.
Per my new lawyer's suggestion, I had to filed 245i section with $1,000 penalty last month when replied RFE .

I heard that all 245i applicants should be transfered to local office to get an interview, is that true? If then, very difficult to expect my GC in this year. I'm a Nov.,2001 filer. So desperated!
Would you give me any ideas or insight about 245i cases?
 
Originally posted by gcdilemma
Per my new lawyer's suggestion, I had to filed 245i section with $1,000 penalty last month when replied RFE .
Click to expand...

Did USCIS issue a Notice of Intent to Deny? If not, why did you send them the $1,000?
 
most of the 245(i) were transferred. There was one approval without a transfer or an interview but that was sometime back in 2002.
NOTE: My data is based on what is posted in this forum (last 2 years).
 
TheRealCanadian,

My lawyer suggested to send $1,000 to save a time. if INS issue it later, then it can cause more delay.
 
Hi

AS i know somthing about 245(i), your LC should have applied or approved before April 30, is that true in your case?? or just your lawyer asked to pay $1000.00? I guess there is no point in paying $1000.00 if your LC approved after April 30th 2001!!
 
Originally posted by whatagc
I guess there is no point in paying $1000.00 if your LC approved after April 30th 2001!!
Click to expand...

The LC needed to be filed before 04/30/2001 in order to qualify for 245i. However, the first question I always would ask is "Have you determined that you are ineligible for 245k?" 245k allows filing an I-485 after an out-of-status period of 180 days or less with no fine.
 
My LC was approved before 4/30/2001,and no denial notice to my 485 but got RFE last month which was requested to provide my non-immigration status before filing of 485. Filed 485 during a motion period of H1b but it was finally denied as previous lawyer did many critical mistakes in my H1b. I did not care this matter much at that time because I thought 485 filing can keep my status though it's filed in motion period of H1. But new lawyer suggest me to file 245i section that the motion period can not keep my status unless it's approved. He said if INS find it later in the adjudication processing, it can trigger a denial or another RFE which can delay my case much more.

No direct approval to 245i case without transferring! It's so desperated.
 
I used 245(i) in the past and scheduled for an interview on Feb 11th.

485 - RD July 2001.
 
So it appears the difference between 485i and 485k is how long someone is out of status - right?
If < 180 days- 485k
If >180 days - 485i and have to use also 485 A Supplement and have to satisfy other rules like visa availability etc.

Please correct me if i am wrong.
 
Originally posted by gcdilemma
Is there anyone with 245i got approval without interview?

As my previous lawyer did too much mistakes in my application to extend the H1B,it caused some out-of-status period.
Per my new lawyer's suggestion, I had to filed 245i section with $1,000 penalty last month when replied RFE .

I heard that all 245i applicants should be transfered to local office to get an interview, is that true? If then, very difficult to expect my GC in this year. I'm a Nov.,2001 filer. So desperated!
Would you give me any ideas or insight about 245i cases?
Click to expand...

Wish u a very good luck!!
Cheers
 
lotuses,
My case looks slightly over 6 months. It's due to the stupid lawyer!

jam,
How long takes to encash a check of $1,000?
INS encash it as soon as receive of the file or at the time of adjudication of the case or around interview at local ofice? Best wishes for your good luck! Look forward to see your post regarding the interview.
 
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