Out of Status and 245(i) Question **EXPERT's HELP NEEDED**

[sk72]

I want to know more about the 245(i) process.

If a person has been out of status in past (more than 180 days) but since then been in-status( had H1B extended, visas renewed twice (with State Department), travelled in and out of US on yearly basis etc.), is a 485 AOS denial automatic ?

When the case comes to adjudication process, will they issue an RFE and ask for 245(i) or issue an intent to deny wich can be responded back with a 245(i) ?
The Labor was filed on March 27th 2001 and same is the priority date.

Any knowledgebale input would be welcome from experts.

 

[july16]

sk72

I am not an Expert, but am gonna try an attempt to answer your questions.

--If a person has been out of status in past (more than 180 days) but since then been in-status( had H1B extended, visas renewed twice (with State Department), travelled in and out of US on yearly basis etc.), is a 485 AOS denial automatic ?--

I 485 is never denied, without giving the applicant an opportunity to frunish proof and evidence.

--When the case comes to adjudication process, will they issue an RFE and ask for 245(i) or issue an intent to deny wich can be responded back with a 245(i) ?
The Labor was filed on March 27th 2001 and same is the priority date--

Out of Status for more than 180 days you qualify to file under 245(i) it can be and should be done at time of filing I 485, you also have to fill form I 485A, and pay a penalty of $1000.00 for each person over the age of 17.

If you didnt file under 245(i) and didnt fill form I 485A and didnt send the penalties, A notice of Intent to Deny will be issued, which like you said can be replied to.

I was out of status less than 180 days, but was working during that period, hence I was sent a NOID. If I had not been working then I could have Filed under 245(k), and would not have had to pay the Penalty.

Hope this helps