Falling out of status...HELP

T

Timbuk3

Registered Users (C)
About 8 years ago, I worked for a year on my practical training, only to find out later that my practical training papers were never filed. (I used cheap #@$* help because I had plenty of student loans and no money). Then, my company got acquired by a major company, whose office recommended I go to a lawyer to get my H1. I did that. I have completed 6 years of my H1, 1 year of EAD, now I\'m on my 2nd EAD. Also, in the meanwhile I have made 3 trips to India. Also managed to lose my passport and ended up with a duplicate passport.

I filed for my 485 in April 2000, fingerprinted in October 2000. What are the chances that my PT status issue can bite me back? This issue has been nagging me so bad and any help would be appreciated. My lawyer seemed to think that the last 5 years of H1, EAD, AP, reentry into the US, etc. would practically have taken care of the status issue. Is that right?

THANK YOU VERY MUCH FOR YOUR INPUT
 
No Title

I think what your lawyer says makes sense. I doubt that INS has record os the status 8 years ago. And even it they had questions should have come up during your previous extensions or EAD\'s. You will be OK.
 
No Title

Hi Timbuk3,

The worse thing that can happen is, INS can send an intent to deny notice to you....but, you are covered under the 245(i) or 245(k) provision...245(k) is for being out of status for Jan 14th, 1998). So, you might want to preserve any evidence (that you were physically in US on December 21st, 2000) to show INS at a later date (if it is needed...IMHO, you may be approved without any problems whatsoever)....you can get more info about this 245(i) and what kind of evidence is needed etc., from www.immigration-law.com (click on
the Breaking News link) or www.shusterman.com (click on LIFE Act Information)...or the INS website at

http://www.ins.usdoj.gov/graphics/services/residency/life.htm

Hope this helps,

Srini
 
No Title

Thanks Srini. Good info. The ironic thing is, I am getting married to a US citizen at the end of this month. But I proposed to her only in August 00, while my 485 through the employer had started in April 00. So, I decided to stick to my employer 485. I am hoping that between 245(i) and the marriage I will have a solution, if one is needed.
245(k) is no good for me because I was on PT for 1 year, which turned out to be that I was out of status for 1 year.

Thanks again pal. This board is the only coolest thing about GC processing :)
 
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