H4 out of status, 245(i) pls help

P

Prashant100

New Member
My wife on H4 visa is out of status as her I-94 and visa on passport got expired in Feb 2001. My I-140 got approved July 2000, and now I am eligible to file for I-485, Adjustment of status, as all emp. dates are current. While filing I-140 my wife\'s name was not included. My H1 is valid till Feb 2003

Can I make use of 245(i) and include my wife while filing I485, adjustment of status, after paying $1000 penalty ?
 
No Title

you should seek advice from a lawyer. You are aware of the 6 months out of status rule? It applies 3 year bar.
 
No Title

Prashant,

I am in the same boat except my wife applied for new H1 and got new I-94, but she never worked on new H1B so technically now she is out of status. I am not sure either what to do?
 
No Title

Prashant, Yes you can use 245(i) by paying $1000 penalty. If she is not going to India before getting the greencard , it will be O.K. But if she goes out of USA, before getting the greencard, then at the Port of Entry, she will be in trouble. My advice is apply 485 for her and pay $1000 penalty under 245(i)( if necessary) and wait for the greencard. Advice her not to go to India, till she gets her greencard. Consult your lawyer.
 
what is 245(i)?

what is this law? and what is the penalty that prashanth is talking about? if status on i94( h4 or h1) is expired and visa is extended is it any problem?
 
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