Info. about 245(i). Please... any advise is greatly appreciated

R

rmendez

New Member
I came to The US with a L1 visa on 1994. After 3 years my visa expired and I did not tried to renew it due to my economic situation. Desperate to avoid going back to my country I stayed and work illegally. Now my economic situation has improved a lot and I am desperate trying to find a way to have some kind of legal status. Unfortunately I did not learn about the 245(i) until very recently.

I don’t have a labor certification filed prior to August 15, 2001. However I have an employer willing to sponsor me, Is there any way I could benefit if Section 245(i) extension is approved?

Thanks for your help!
 
My advise would be ...

... to go back to your country and try abiding the law in the future.
 
You could always apply and hope that some law comes up to save you

It gets really tricky though. Depends on what happens, you may be out of luck but that doesn\'t mean there\'s no point in trying. REturning to your home country at this point would trigger a 10 year bar on reentry.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Jim, what\'s your opinion as a lawyer ?

Jim,

What is your professional opinion on 245i ? For me, as a legal green card applicant, this law looks as something encouraging law breaking and illegal immigration. I see lots of other "legals" as myself on this board (as well as in my company) -- frustrated with this law. It clearly sends very unhealthy message to all people pursuing permanent resident status -- while making employement based green card process close to impossible with current processing times.

I certainly hope politicians would put their votes-greedy consideration aside and will cancel this law, but right now it still looks like a big trouble for all the legal applicants.

Sincerelly,
Alex
End of 3rd year on H1B, end of 6th month in CA SESA (with at least another 5-6 to go).
 
Jim, Thank you very much for your time.

I’m talking to an attorney that says I qualify for the 245(I), but I read that if the senate approves it as it is right now only applicants with a labor certification petition filed before Aug. 2001 would qualified. So I think he just want to take my money.

What is your opinion? Thank you very much!

As of you Jester, I can understand your frustration but I think it is more the terrorist actions making it more difficult for you and people in your position.

Please understand that I did not follow the law because I was lazy or because it was the easier choice. After 3 years of pursuing the wrong project I had lost everything (close to 300K) returning to my country poor would have mean misery for my family for many years. So believe me it was a very tough decision
 
Jim, can I use 245(i) instead of my usual RIR labor

Hi Jim,

thanks for your help to all of us with immigration issues.

Since my H1-B is running out and my labor wont be approved in time,
do you think I can use 245(i) extension (i applied for labor before august 31 2001) , instead of going back to my home country.

what are the disadvantages(assuming there are some) of applying for 245(i).

thanks
 
The new bill is confusing

Does anybody know if the new bill passed by the house can help you if you had applied for labor certification as RIR and the application was denied.
 
Hmmm!!!!!!

Please let us all immigrant work together other than pointing fingers at each other. I know some of you might be here legally but remember that there are very many people who would wish to come here legally but however much they may try they will never be granted visas. So these laws are made for all of us immigrants, remember Jesus came for the sinners so that they can also have life and have it in abundance
 
Hmmmmmm ....

I don\'t think Jesus meant for sinners to have life on account of righteous people. :)

Anyway, what this law means for me: instead of clearing labor certification in 3-4 months, I will have to wait 1-2 years. God knows what will happen to INS processing by that time. I doubt it will improve. During this time anything could happen to immigration, my company, etc. Which might force me to leave -- since I\'m not going to break the law and live hiding.

What it means for illegal immigrant: you can break the law, if you feel comfortable about it. Not only we forgive you, but your processing times actually will be the same, as times of legal immigrants -- we just put you in the same queue.

So, even though I won\'t blame a particular person (as I can\'t blame a thief -- I\'d rather die of hunger then steal, but that\'s my personal preference), in my opinion illegals should meet only one treatment from the state -- e.g. deportation. As well as thieves always go to jail -- no matter what the reason for their acts is.
 
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