Calling all 245i people.

2

245i_May

Registered Users (C)
Hi,

Lets start a discussion for all who applied under 245i. Please share your experiences as it will help everybody.

My case details.

Came to this country in 97 on H1 valid till dec 99.
Went to India in Dec\'98 to get married. Just before going to India, applied for another h1. This was the biggest mistake of my life. New h1 got approved while in India(I94 was extended till dec 2001). I was not aware of this so came back on old h1. At port of entry, a new I94 was issued which was valid till Dec\'99. As I had another I94 valid till Dec\'2001, always thought that I was in status till I filed 485. Meanwhile my wife applied for GC in Sep\'99. We were ready to apply for 485 in May 2001 when her lawyer informed me that I was out of status from Dec\'99. There is a silly INS rule that says last action rules. Now in my case, since their last action is issuing me a I94 valid till dec\'99, technically I am out of status since then even though I have a valid I94 till dec\'2001. It dosen\'t make a whole lot of sense but that\'s the fact. So I took advantage of 245i and applied for 485 under derivative status.

I don\'t know how my case will end up. I am thinking that I will get an interview. Please share your experiences too.

RD: May 22nd 2001
ND: Aug 1 2001

Thanks.
245i_May.
 
245i_may...could you please help......

I had an almost similar situation like you...the only difference is that when I came back from India I did have a new H1 stamped on my passport but the officer at the POE mistakenly saw the old H1(which had not expired unfortunately)...so I got a 94 with expiry of Feb,01....whereas I should have got the 94 with expiry of Nov,01...now when I filed my 485 in July,01.....my stupid lawyer never noticed the problem......so we sent a copy of 94(with expiry of Feb,01) along with the 485 application......later on we got the problem corrected (got the 94 modified at INS,NY) but never sent an updated copy of 94 to VSC......do you think my case would also fall under the out of status category....is there anything that can be done now....my lawyer says everything will go smoothly....I am having nightmares......got my FP also done.....and it seems that in another 1-2 months INS would start cases with RD in July,01.......

could you please give some more advice.....

also when do you think your case would move towards adjudication....and please keep us updated on this board....for moral support.....

thanks a lot for your help........
 
Don\'t Forget 245k

As the beneficiary of an EB Green Card you could claim relief under 245k and save yourself the $1000, provided you were out of status for less than 180 days. You might be close. Don\'t let your lawyer and the INS deprive you of the $1000 penalty without checking 245k.
 
Hi! Canadian....one more help needed......

could you please elaborate more....I am not sure what 245k is and how it works.....I have only heard of the 245i....I mean what would I have to do now...in order to take advantage of this 245k clause....should I do something proactively....i.e. before INS takes a decsion on my 485..or should I wait for a RFE from INS...before doing anything....would I have to pay the 1000$ penalty or not...I am still not clear....

And also...I think I might fall under that category...as mine was approx a 5 months case.....also in case I am able to use this clause would it cause additional delays in the approval of 485.....
 
I would appreciate your additional inputs....

thanks a lot.....
 
Nothing special

If INS doesn\'t raise an RFE you should be OK. If they claim that you were not in valid status, then you just claim relief under 245k, so long as less than 180 days have elapsed between the expiry of the I-94 and the receipt date of the I-485.

There is no penalty for a 245k filing, which is why you should consider it before you claim relief under 245i.

There won\'t be much of a delay in ajudication - once the RFE is raised you typically get a speedy response once you return the RFE with additional evidence.
 
Thanks a ton Canadian.....

seems like a burden has been lifted from my shoulders....will keep my fingers crossed till the case is approved.....

thanks again......
 
485nd0921,

You have nothing to worry. Wait and see if you will get an rfe. If you do then send in your corrected I94. I don\'t think you are out of status. Good luck and keep us updated.
 
thanks for the support guys.....

will keep you posted on what happens.....

saw that VSC is now picking up June cases.....

thank God for that.....

take care ......
 
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