glenmd said:Hi munna,
Now do you still have I-140 approved?,
Is your I-485 is changed and showing you Intent - to Deny status.
I saw somewhere in murthy forum that you can use 245(i).
But i am not sure that, you can search in murthy's forum also.
Thanks
Glenmd
I recently went to India in March 2004 using AP entered US on March 28th 2004. had no issues at the POE.kuversa said:i think you must have misunderstood what your attorney told you. there is no correlation between 245k and cp. 245 k allows you to adjust status (that is 485) in u.s. if your status violation since your last entry into u.s has been less then 6 months. if you have travelled outside since your new h1 renewal then there is no issue of past status as per 245k for employment based cases. even otherwise you would qualify for 245k since apparently the questionable period is less then 6 months. there is no additional fee to be paid for this relief. speak again to your attorney and/or get additional opinions from other attorneys if required. good luck.
When I check the website using the H1b receipt of the company which revoked my H1b it still says that the this case has been approved on October 1st 2001. I was working with my previous employer using the receipt notice which was applied in June 2001.(as far as i remember you can work with the receipt notice legally for the company).mark rajiv said:I am a little bit confused by your post---you mean your H1b from previous employer was appoved on Oct 1 2001, that means you don't have a appoved H1b before Oct 1 2001. In that case, your previous employer don't have to revoke your h1b start from Sep 15 2001.
If your H1b is revoked, the USCIS website will show that your H1b is revoked.
Mine is a labor substitution so I do not think I fall into 245(i) category.Perico said:425(i) was from dec 2000 till april 2001, did you start your lc by those dates??
or better said did you filed for a lc between 1998 till apr 2001??????
if so you qualify for 245(i) just pay 1000, on your response to your NOID complete suplemental I-485 and sent your 1000 check , per adult over 16 yrs age
My argument 2 for 245(i) I don't think I am eligible as I have used labor substitution. I am eligible for 245(k) where in I think i do not have to pay fee correct me if I am wrong.dsatish said:As per law, there is no grace period between two H1B's but the service centers have their own operating procedures where they over see some gap. I guess that your lawyer's approach is convincing. Try to convince INS that you are in status (tell them that your current employed hired you are not told by your previous employer about the termination in September). If they don't listen to your argument1, the argument 2 should help, if that is on correct legal grounds.
It is very very clear,Munna_Mobile said:My argument 2 for 245(i) I don't think I am eligible as I have used labor substitution. I am eligible for 245(k) where in I think i do not have to pay fee correct me if I am wrong.
Thanks.Participant said:It is very very clear,
If less than 180 days is the issue,
1)You will not go for 245i and further 245( i ) condonement provision for violation ceased long ago (allowed between a specific period in the past)and it is not available now.,if I remeber well.So don't bother about this.
2)You can take shelter under 245 K and there was no applicability period restrictions like ..you need to apply before such date,if I remeber.
(See whole murthy.com under 245 i and 245 k).
If your issue is only period gaps <180 days,I am not sure how this cropped up as an Issue for CIS,probably the adjudicator may not be aware of this provision or confused and bothered about revoked H1?
what your lawyer says about 245( K) in your case and what is his response.
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Only lay man's opinion.
Yes I agree with you. I sent all my H1B approval copies when i filed my 485,Tim Willis said:Initially I was surprised when you mentioned that USCIS was actually able to catch the transition period between jobs.
The sad part is, they did not bother to check their systems for your visa status from the time you entered the country before sending you an Intent to Deny notice. They could atleast have taken the pains to go through all the supporting documents.
All the best.
Tim