Out of Status before filing for I-485

R

Raman G

New Member
Hi Guys,
  I have been out of status without my knowledge. Here is the situation. I had filed for my H1 transfer for a different company before I left for India in Aug 1998 and I got my H1 transfer approved on Set 3 1998, with I-94 valid until May 2001. I got this approval while I was away from the country. When I re-entered on sept 6 1998 I came in through the old company and got my I-94 at the port of entry valid until Mar 1999. I have been working for the new company since Sept 25 1998.
I\'am ready to file for my 1-485, I have got my I-140 approved but the lawyer says she can\'t file as I\'am out of status.

Please let me know my options at this time and will it effect my GC processing at all.
The lawyer has given me 2 options, (1) Leave the country and re-enter with a valid i-94. (2) to file for a h1 ammendment and get a new i-94 without leaving the country.
Anybody with similar experience or the immigration gurus please respond
Thanks,
 
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What is your Priority Date - you can find this on the copy of I-140 approval?? Looks like you are processing G.C with the new company , in which case I am guessing it is SEP 98 or later. Well by any chance if the P.D is before JAN 14, 1998, then you can pay $1000 fine and apply for I-485 . This is a relief for out of status people that was taken out of the statute on JAN 14, 1998... SEC 245(i)...

There is still another relief clause that is in the law books called SEC 245(k), that allows up to 180 days of out of status , in order to be eligible to file for I-485. If you exceeded 180 days , then you cannot use this clause....

I cannot comment on going out or extending I-94, I think even if you do that,any RFE during I-485 approval process later will still be a problem, since it is on record , that you worked with the new employer since MAR 1999 without authorisation to stay in the country!!! and you have exceeded 180 days

Unless you can qualify for 245(i) relief clause I don\'t know how you plan to get around these ...

One other hope is that there is clamour to restore 245(i) in congress along with all these BILLS , and I don\'t know yet that even if it is restored, if it will be retro-actively restored i.e since JAN 14, 1998...

One other hope is
 
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Hi Shankarank,
 Thanks for your input, my Pd is april 99. I guess I have to leave everything to God and hope for the best, and hope section 245(i) is restored. thanx again for ur help. Any other guys in the same situation who have got it solved please help.
 
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Raman, I had the same situation. Before your I-94 expired in March 99 you could just go to INS office and asked
them to re issue new I-94, as you have a valid H-1B upto May 2000. In my case they gave me a new I-94.
They could also turn me down and could asked me to re apply for H-1B but the officer was very nice.

Thanks

JFK
 
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Hi JFK, Thanks for your response, that could have been an option in March 1999, but now at this time I\'am not sure if I can do that, I have a valid h1 extension, valid visa for the new company and all except that the I-94 attached to my H1 extension is dated before I re-entered the country on my old H1. anybody else got a resolution to this issue please post, ur help is needed badly.
thanks
 
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