Out of Status during School - Effect on 485 ???

P

priya_s

Registered Users (C)
Hello all - Please advice

While I was doing my Masters, I went out of status during the last semester while I was looking for a job. When I got my first H1B, I had to go to India to get my approved H1 validated as I was out of status. After that during the last 4 years, I have been in status and applied for Immigraiton.

Now my lawyer asked me if i was out of status ever, while applying for a
I-140. what should I tell her ?. Since I had to go to India to get back into status ( where I had to explain why i went out of status) am I okay to say I was not out of status ever ?.

How will it effect me if i indicate that I was out of status ?
I am very nervous and do not know how I should handle it. Please advice me.

Thanks a lot for any help.
priya
 
No Title

I think you should be honest with your lawyer. 245(i) may not be applicable to you, because it is for people currently out of status. But you are actually in status right now. You were back in status after you got H-1 visa.
 
No Title

If you are out of status for less than 180 days.
Then 245(k) is your option. This has got no strings attached. Unlike 245(i) there are no time limits. You don\'t have to pay the $1000 fee.
Requirements being
1) You should be out of status for no more than 180 days.
2) Should not have worked illegally
3) Now in status
4) Applyting for AOS through EB petition
You better tell the lawyer, so that they can do the ground work for 245(k).
You are for sure eligible for 245(i)
 
No Title

your case looks same as mine except that i was out of status between jobs. and i got visa stamped with the new h1 approval during my visit to india later on. so i am current now.
 i was under the same confusion that you are right now, so i did lot of research and consulted with different lawyers. so far, no where i mentioned that i was out of status. i got my i-140 approved just a week ago, and am going to file for i-485. i don\'t know if i am going to have any problems with aos, but i have decided to face it this way.
if you were out of status for less than 180 days, then don\'t even worry about it.. yours is less problematic than mine.
if you want more info, then email me.
hope this helps.
 
No Title

Thanks for each one of you guys for helping me out with your advice. Based on your comments, I have decided to talk to my lawyer and go through with whatever she has to say.

Again thanks for your advice.
 
No Title

In case the INS finds out that you were out of status (and hoping that everything else was okay with you), they might ask send you a letter in the form of RFE or even call you for an interview. remember for 245(i) your PD is considered ie., the date of LC for most EB category. Always good to keep the lawyer informed but the final decesiion is always yours.
 
You must log in or register to reply here.
Top