Need help! Out of status question??

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from_rep

Registered Users (C)
Folks,

This is for a friend of mine. Her (primary applicant) I485 is pending and got an RFE for her husband. Her husband got laid off from H1B during June 01 and he filed for H4 Visa only during Jan 02. INS is asking for the status during that time frame, if not to file Supplement A with $1000 fine.

What could be done?. If the Supplement A is filed, will it affect the outcome? Is there anyother alternative? Any similar position?? She is highly worried...please advise if anybody is in this situation or know of any???

Please help..
 
This might be serious issue if you dont consult with your attorney. How long he was out of status. How many months? is it more than 180 days?
 
from_rep said:
Folks,

This is for a friend of mine. Her (primary applicant) I485 is pending and got an RFE for her husband. Her husband got laid off from H1B during June 01 and he filed for H4 Visa only during Jan 02. INS is asking for the status during that time frame, if not to file Supplement A with $1000 fine.

What could be done?. If the Supplement A is filed, will it affect the outcome? Is there anyother alternative? Any similar position?? She is highly worried...please advise if anybody is in this situation or know of any???

Please help..
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You say he was out of status between 06/01 and 01/02 -- that looks like >6 months....

what are the actual dates ... if its >180 days, it might make it complicated and you'll have to get an attorney to deal with it....
 
Hi

Just curious to know, how did INS find out that he was not employed for that duartion ? May be after lay-off, the company has notified INS of his status.

If it's more than 6 months, then you may have option to file 245(i) with $1000 fees, but I don't know whether this option is still valid. You have to have an attorney to deal with these kind of issues.
thanks,
 
if the out-of-status period is 180 days or less, then you can file a supplement A under 245(k) and not 245(i). 245(k) is for minor status violations, and, unlike 245(i), is always available. 245(i), on the other hand, is for more serious violations of status (read that: more than six months), but is only available for periods when the u.s. congress approves it for use.

the bottom line is, this should be treated as serious. a qualified immigration lawyer is your best bet. there usually are legal recourses for a vast majority of the situations, but you need somebody to go toe-to-toe with the BCIS, somebody well-versed and experienced in such cases. do yourself a favor, and don't take this on by yourself.

how to find such an attorney? personal recommendations are a good way to go. also, you can use AILA's referral service (www.aila.org) where they match you up with an attorney based on your particular case needs and/or geographic locations. possibly other members of these forums might have recommendations for you.
 
Thanks folks. Not sure if the previous employer informed or not. However, it appears that it was little over 180 days! Hope there is a way to overcome this, since he had filed the H4 on Jan 2002 & later on got the EAD...
 
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