I485 problem?

F

Forever612

Registered Users (C)
I have got to the I485 stage, but there is one thing bothers me: due to my own fault (maybe company too), I forgot to renew my H1 in time, overstayed and worked for 4+ months (I thought H1 is good for 3 years, but only 2 1/2), then I applied for extension, got approved but required to go out of country for visa, so I went and got it. My lawyer told me that I'm clean now so he didn't file 245 with my 485, I want to know if this is really like my lawyer said and cause no peoblem in my 485 process?

Thanks for answer!
 
I wonder why he did not file in 245i. Because you just had to pay a fine for 1000 dollars and would have been ok. I am not sure if they discover this now then if you would be allowed to pay the fine and get approved.

If I were you I would consult with an expert lawyer like MR Khanna on this matter. You dont want to go wrong at this step.
 
Forever612 said:
I have got to the I485 stage, but there is one thing bothers me: due to my own fault (maybe company too), I forgot to renew my H1 in time, overstayed and worked for 4+ months (I thought H1 is good for 3 years, but only 2 1/2), then I applied for extension, got approved but required to go out of country for visa, so I went and got it. My lawyer told me that I'm clean now so he didn't file 245 with my 485, I want to know if this is really like my lawyer said and cause no peoblem in my 485 process?

Thanks for answer!
Click to expand...

I think you are fine. Since you went out of the country and came back with a fresh visa. They usually check your legal status since your last entry into US.
But they could still raise a question that may need to be handled by a good lawyer.

The important question here is did this happen before you filed your I485? If yes, then it is a potential problem. Otherwise, you are fine in my understanding.
 
WaitinginQ said:
I think you are fine. Since you went out of the country and came back with a fresh visa. They usually check your legal status since your last entry into US.
But they could still raise a question that may need to be handled by a good lawyer.

The important question here is did this happen before you filed your I485? If yes, then it is a potential problem. Otherwise, you are fine in my understanding.
Click to expand...

Yes, it happened in 2001, I filed 485 last year, what do you mean by potential problem? thank you.
 
If it is less then 180 days they will approve with 245(k). Some time they may not inform you also.
 
Forever612 said:
Yes, it happened in 2001, I filed 485 last year, what do you mean by potential problem? thank you.
Click to expand...

Sorry for the confusion. I meant the other way. You should be clean after your last entry into US. 245(k) covers you automatically if the status violation is less than 180 days.
 
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