Out of status (245i) question. Please help.

G

Gking1

Registered Users (C)
My friend filed his I-140 in March 2001, and got I-485 approved last month. He has been in US since 1996. He found in Feb 2002 that he was out of status since Jan 1, 2002. He tried to fix it but just now INS denied his application. He is considering going back to home country now to apply for H-1B visa or do CP, because in June end he will be out of status for 6 months and thus trigger the 3-year bar. But He just found he might be able to take the 245i and file I-485 directly. I know that 245i said if you were in US on 12/18/00, and filed GC application (LC or I-140) before 4/30/01, you will be OK to get the GC even you are out of status. Now the question is that should the out of status start before 4/30/01?? My friend was out of status on 1/1/02. Can he still use the 245i?? Please help, as time is limited to decide whether go home now or stay to file 485.
 
No Title

I think you can..but you are doing the right thing by consulting lawyers. Good luck
 
You can use 245(k) law

245(k) says if you have not stayed out of status for more than 180days, you can file for I-485 without paying penalty.

Ask your lawyer about 245(k)

Good luck
 
245(k) - should it be mentioned anywhere of using 245(k)

245(k) - should it be mentioned anywhere of using 245(k). Should the applicant need to mention the outof status
 
YES- Apply soon

Gking1,

I was on same boat. I used 245 law, got EAD and AP after 2 1/2 months and now working. I even traveled out side the country recently and came back in the US with no problem. I was out of the status for 123 days. As long as, if you are not out of status more than 180 days (6 months) and if your employer willing to help you for 485, you should be fine.

Have your friend apply using 245 law soon. It takes at least a week or so to prepare 485 application, doing medical etc. And, who know how long it will take INS to receive your application (enter into their system). Your being out of status stops with the INS\'s Received Date.

Good Luck.
 
>180

Guys,
Can one use 245i if > 180 days if one has approved I140 and 485 pending? Does it effect chances of 485 approval. Thanks in advance
 
245(i) has no limitation of number of days

245(i) has no limitation of number of days. Look into INS website for 245(i) regulations. Less than 180 days is for the 245(k) to file I485 and also possible entry ban when entering US.
 
info please

denied means what. when he applied for 485.they sent back the application with the letter ststying that his application is denied.what exactly happened when he applied for 485.my hus is a lawyer he may help him
 
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