I-485 Approved with 245(i)

M

mohawk

New Member
RD: 06/12/2001
ND: 08/06/2001
FP: 11/30/2001
AD: 03/07/2002
Courtesy Copies of Approval Received: 03/14/2002
EAC#01-242-*

My wife was on H4. When I transferred my H-1, I did not know that her H4 needed to be transferred also. Her H-4 status was expired. Luckily, my labor application was approved before april 15, 2000 and she was covered under 245(i). We both got approval without any problems. Thanks everybody for this great site. Wishing you the best of luck. Yours is on the way, do not worry.........
 
did your wife travel out of country after you applied with 485 with 254(i)

 
 
Mohawk, Did you apply for 245i when you applied 245 at the beginning or did you wait for the INS to

Mohawk,
Did you apply for 245i when you applied 245 at the beginning or did you wait for the INS to tell you that she your wife is being approved under 245i.

One of my friend\'s wife is in a similar situation? The only difference is that she was out if status for 1 month and after that her H1B was approved. His lawyer says "INS may not see it. Hence wait till 245 approval. INS will most likely approve it, if not you can pay $1000 at that time" I do not know how good this advice is.

Thanks,
Micky
 
Micky-NJ, my wife is in a strange situation..

1. She has had her H-1B from 10/1/98 till 04/30/01.

2. Around March, 2001 her employer started the process of the H-1 extension, and sent the paperwork to INS on 04/24/01.

3. The INS sent the Notice of Receiot in May, 01, showing the RD: as 04/25/2001. The period of employemtn shown in the I-129 is 04/25/2001 - 12/28/2002

4. By mistake the INS approved the H-1B from 07/17/2001 - 12/28/2002, which no one saw, till October, 2001, when the employer has sent two letters to the INS (attorneys advice) to correct the error.

5. Now my wife has applied I-485 with me, and my attorney says that they are sending all the paperwork including the receipt for the H-1 extension, and most porbs INS will ignore it.

6. he says if they raise a question they would explain it to them

7. Even if they do not understand the explantion, then we can pay the $1000 as she falls under 245i. He says the INS loves to take $1000, so we need not worry.

My question is why should we pay for the INS error
 
Mohawk..

I have applied under section 245(i) but my lawyer also applied for my AP and I have already recieved my documents for AP. I have not travelled on AP though and I am not planning to travel either. My question is; does it matter if a person who has applied for AOS under 245(i), has also applied for AP??

Does it raise a red flag on the case??

Thanks.
 
No Title

If a person has filed uder 245(i), usually the attorney informs him/her not to travel outside the country to be on safe side and hence AP is usually not needed. I don\'t think applying for it causes any problems but try to avoid travelling outside U.S.
 
i think you need to apply for 245(i) only if you are out of status for more than 180 days so she sho

 
 
Sam M, Read below

Would you waste your time in arguing with the INS or would you just pay $1000?

INS may not even see that your wife was out of status.

How long has she been out of status?
And was she out of status when 245 was applied for?

Micky
 
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