J1 expired, LC approved, I 140 approved PLEASE HELP, WE ARE DESPERATE...

[lemnoid]

Hello.
This is a repost but i did it because i think i put the original post in a wrong place. Sorry and thank you.

PLEASE answer to us.
We came into US with a J1 visa which expired in sept. 2005. We were not subject to section 212e. After a year from then, our employer applied to Labor Department, we got approved in oct 2006. This week we got i140 approved, we also had fingerprints appointment done. We filed for i485 but the file came back because the priority date was not current.

We got a letter saying that my application for i765 is denied because we do not have i485 pending(category "other workers").

What should i do now ?

Am i eligible to apply for i485 since my visa expired 2 years ago ?
Can i apply now , before fees will increase ?
Will i get EAD ?
I have spoken with 4 different lawyers and they all said i am not eligible to change my status. Is my case really DEAD ?
Thanks a lot.
Hope to get a lot of answers.
Please if you have ANY info post here because we are in a desperate situation, we have been screwed up by our lawyer and apparently we have no way out of this situation.

I am kindly begging you for a straight and detailed answer.
I don't have enough words to express what i feel right now.
Good luck.
Regards.

 

[TheRealCanadian]

We came into US with a J1 visa which expired in sept. 2005. We were not subject to section 212e.

The visa stamp itself being expired shouldn't make a difference. I assume the I-94 is marked D/S - did USCIS ever send you written notice that you were out of status?

Am i eligible to apply for i485 since my visa expired 2 years ago ?

You cannot file an I-485 since Other Workers is not current (there is no visa number available for you right now), never mind that you may have been out of status.

I have spoken with 4 different lawyers and they all said i am not eligible to change my status. Is my case really DEAD?

It's not dead, you just may need to do Consular Processing. I'd also double- and triple-check whether you have accumulated any illegal presence. If you have, then your case is pretty much dead.

 

[lemnoid]

I assume the I-94 is marked D/S - did USCIS ever send you written notice that you were out of status?

No, USCIS never send me any notice of this kind.

You cannot file an I-485 since Other Workers is not current (there is no visa number available for you right now), never mind that you may have been out of status.

When it becomes available, will i be eligible to apply for i485 considering that on my i94 says it is valid until DS form is valid; i had ds until 09/30/05, i did nothing to change/maintain that status.

It's not dead, you just may need to do Consular Processing. I'd also double- and triple-check whether you have accumulated any illegal presence. If you have, then your case is pretty much dead.

How do i check if i accumulated any illegal presence ?
How do i know if i can do Consular Processing ?

Thank you very much.

 

[TheRealCanadian]

When it becomes available, will i be eligible to apply for i485 considering that on my i94 says it is valid until DS form is valid; i had ds until 09/30/05, i did nothing to change/maintain that status.

I'm not up to speed on maintenance of status issues with F/J. My suspicion is no. What did the attorneys say?

How do i check if i accumulated any illegal presence ? How do i know if i can do Consular Processing ?

Talk to an attorney.