Out of Status applying for AOS

gc7890

Registered Users (C)
Is there any chance of getting GC Approved by AOS if I was out of status while on F1 B visa for less than 180 days
 
I believe you can by paying 1000 dollars additional fee. If more than 180 days, you need to return to your home country.

Lao-Yi


Originally posted by gc7890
Is there any chance of getting GC Approved by AOS if I was out of status while on F1 B visa for less than 180 days
 
Thanks for the reply.

My school gave me curricular PT for more than one year(as I had not received my PT by then). So I worked on Pre PT for 1 year 15 days. By then I got my PT.

So I guess I was out of status for 15 days and have been working in that ime frame too!

Is that okay?
 
The above response assumes that you are eligible for the exemption under 245i (or that 245i will be extended to include your present situation). The applicability of 245i is very case specific and you should discuss your concerns in detail with the attorney handling your case. You may also have other possibilities for exemptions.

I would recommend filing even if it is not clear that you can adjust since 245i may be extended (from all reports that will not happen this year but it still may happen) and that might cover your situation.

Jim
 
great point jim mills

but I had applied for labor Aug 2001. Can I still be eligible for that?

Response will be appreciated
 
Nope. 245i sunset at the end of April 2001. That's why there were so many filings then, and why some SESAs are still working on them. You need to hope for an extension of 245i or some other way out. Again, you need a very close review of the facts and applicable law.
 
If you were out of status for less than 180 days and have an employment-based petition (which you seem to as you have an LC), you can file under 245 (k) not (i) for which there is no cut-off date and no penalty filing fee.
 
thanks a lot, sheila...very good point

Does this 245(k) help me out if I worked without authorization for 6 days. These were the 6 day gap after my CPT had expired and H1 was approved.

I was out of status "because" I worked without authorization for these 6 days

Will 245(k) bail me out??
 
245(i) and LC Substitute

Ok, we undrestand that 245(k) covers for 180 day. Now I have a question for 245(i).

245(i) have two pre-requisite:
1) that persion was present in the US on December 21, 2000
2) an application for an immigrant visa or a labor certification must be filed on or before April 30, 2001

So, what about if a person (B) 's immigrant visa was approved recently based on Labor substitute, and that original LC (for person A) was approved before the cutoff date April, 2001? Is that person B still eligible for 245(i)?
 
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