Out of status

G

GuillermoOZ

Registered Users (C)
What consequences are there for an I-485 if you are considered you have been out of status at some point?
I may have been without status for a year and a half without knowing, and possibly because of USCIS missinforming me.
I will appreciate your comments on this. I was about to leave with an AP, but now I may not even do it.
 
GuillermoOZ said:
What consequences are there for an I-485 if you are considered you have been out of status at some point?
I may have been without status for a year and a half without knowing, and possibly because of USCIS missinforming me.
I will appreciate your comments on this. I was about to leave with an AP, but now I may not even do it.
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INS doesnt care if you have been out of status unknowingly or knowingly. When they are likely to approve your 485 petition, there might be a possibility to check to see if you maintained status all your period here, if they find out, you would get NOID on your 485.

One of my friend got his 485 rejected because he was out of status and has received a 3-10 year ban into US and has left US for good.

Whether INS informs you or not, we need to know the rules governed by INS. How can USCIS inform you for you to be in status. Its your employers responsibility to see if your H1B gets renewed before expiry.

I am not harsh here, but I am talking on your goodwill so that you dont see any surprises.

Good Luck
 
Although i may have been out of status my presence in the US was always lawfull.
My I485 was rejected on Dec 2002 for incorrect filing. After that they approved APs on October 2003, I left the country on Nov 2003, came back on Dec 2003 and was paroled until October 2004. I learned my original i485 was rejected on may this year and refile on August 2004 before the expiration of my i94. Even all of this, I always mantained an up to date EAD, so I even worked with permission, always with the same employer, the sponsor of my L1b and my i140. Oh, and my i140 was approved on april 2004, only a few months ago.
 
GuillermoOZ said:
Although i may have been out of status my presence in the US was always lawfull.
My I485 was rejected on Dec 2002 for incorrect filing. After that they approved APs on October 2003, I left the country on Nov 2003, came back on Dec 2003 and was paroled until October 2004. I learned my original i485 was rejected on may this year and refile on August 2004 before the expiration of my i94. Even all of this, I always mantained an up to date EAD, so I even worked with permission, always with the same employer, the sponsor of my L1b and my i140. Oh, and my i140 was approved on april 2004, only a few months ago.
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If you qualifiy for 245i, it doesnt matter if you're out of status..all you need to do is pay $1000 fine.
 
This is what my lawyer is telling me. Now, considering all this, if I get the APs I requested and they are approved, should I leave the country at all? Some friends say I should stay. What do you think?
And, thanks to everybody that is helping out. I really appreciate it.
G
 
My L1 expired on Oct 2003, didnt renew it for being under pending AOS since September 2002 when I originally filed the i485. I mantained a valid EAD since September 2003, one month before L1's expiration
 
GuillermoOZ said:
My L1 expired on Oct 2003, didnt renew it for being under pending AOS since September 2002 when I originally filed the i485. I mantained a valid EAD since September 2003, one month before L1's expiration
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i wouldnt leave the country if i were you. ead doesnt mean anything and wont help you re-enter the country. u should go to uscis.gov and read one of its article which advises anyone not to go abroad if your condition doubtful.
It also states that AP does not guarantee your re-entry into the US.
 
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