Am I eligible filing for 245(i) or 245(k) I-485?

[Ping Dong]

My situation:
Entered US in Aug. 1996;
I-140(EB2) approved on Nov. 2000;
Was laid off on Mar. 2001 during waiting for PD.
Might be out of status for less than 1 month, then found a job and transfered H1B to new employer, and worked for current employer ever since.
Never start the GC application again.

Am I eligible for 245(i) or 245(k)? please help.

 

[Canadian]

You\'re definitely covered under 245k

So use that. Don\'t waste the $1000.

 

[Zaak]

No Title

You will qualify for 245k. It will also depend on expiry of your I94. Some people believe that once out of status, you keep on accrueing out of status time unless you go out of country and come back In that case you can use 245i. CONSULT A LAWYER FOR FINAL WORD!
Good Luck

 

[LAKING]

For using 245(k) - should it be mentioned somewhere??

For using 245(k) - should it be mentioned somewhere on the I485 application form. Like

 

[Zaak]

No Title

Laking,
From what I have read people have send in a covering letter stating that they were

 

[jasonK]

I have the same situation, but my lawyer told me I can not do that

I also got I-140 approved before April 30 2001, then laid off and changed to another employer. My lawyer told me I am not eligible for 245 filing. To qualify for 245, I-140 must be valid, which means the employer filing your I-140 still support your GC after layoff.

Anyone has a successful filing under 245i/245k, could you post your situation?

 

[Zaak]

Sel-petition i140

Does it make a difference if the I-140 was self petitioned?