Out of Status - please someone reply!!!!

A

akhilan

Registered Users (C)
Hello,
When I came to the United States in April 2001 . I did not get a job for 6 months . I got a project in October of 2001. Now its time for me to apply for I-140 and I-485 concurrently.
Here is the problem :
# My Labor stated that I started working for the current employer in Oct'2001, This is the same employer who got me to the US.
# My Labor is approved. Now I am worried about my Stay during April 2001 - October 2001.
# I have never been out of project since then and have paid my taxes perfectly for 2001, 2002, 2003 . I have all my pay stubs too till today.
# My Employer is not ready to support for the 6 months he says that I should say that I was on vacation. How far this is valid ?

What is the pre-caution I need to take while applying for I-140 and I-485?
How do I avoid an RFE? What is kind of problem that I might have to face ?

any replies would be highly appreciated.

Thanks,
Akhila
 
What are the exact dates for which you were not working after coming to US? Did you ever go out of US after that? The status issues are considered only since your last entry into US. So if you ever went out of US and came back then that previous default will not effect you in any way. Moreover, if you were out of status for less than 180 days then 245 (K) can be of help to you. Do consult a very good attorney and he/she can help you out of this.
 
I went to India in Jan 2002 and came back in 3 weeks. I am working since Oct 2001.

SO does it mean the 6 months out of status situation wont arise?

Thanks,
Akhila
 
As far as I-485 is considered those six months are history once you re-entered US in Jan 2002. They won't effect your I485 in any way.
 
hmm.. im not sure if you'll fall under 245 provisions. since the 245 provision stipulates that you must have filed an 'approvable' petition or have a visa number and apply on or before april 30, 2001 and have to prove you were physically present in the country december 21, 2000. since you came in april 2001 and filed later -- you may fall outside. please consult an attorney.

good luck
 
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