Please help : I-485 issue

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vicky_p

Registered Users (C)
Hello all

Please help me through the situation here.

1. My wife and son were without H4 Visa/expired I-94 for 2 times. Both times were 2000/2001 with the less than 180 days. Each time they went outside to get their new I-94. The reason for not having H4 is lack of the understanding the dependent VISA status.

2. I applied for 485 for the entire family after I discussed with the attorney. She said she will show the passport stamping as a valid entry to US to avoid the illegal status in USA for my wife and sone.

3. I applied last year (sep 2003) and they approved my 140. My company is closed in the current site and they offered me a job in their corp.

4. After I accepted the job offer at corp, my 485 and my son's 485 got approved and we finished the Passport Stamping.

5. Now my wife got the RFE regarding the missing days. My lawyer is still working on the reply

6. I have got an offer locally which I can't pass by. I really want to take the offer.

However I have the following questions.

a. What if the 485 for myself have some problems for change the job? Can they revoke my GC since I am jumping the job in 2 months after the PP.
- I still have the letter of my site being closed and reallocation detail . Can I show it to INS if there is an enquiry in future ??

b. Can they deny my wife's case ?? What are the chances here. They approved my son's case but they issued an RFE for my spouse. Both had the same missing days.

c. Can I continue with the same lawyer ( corp) for follow up ??

Any help is appreciated.
 
vicky_p said:
Hello all

Please help me through the situation here.

1. My wife and son were without H4 Visa/expired I-94 for 2 times. Both times were 2000/2001 with the less than 180 days. Each time they went outside to get their new I-94. The reason for not having H4 is lack of the understanding the dependent VISA status.

2. I applied for 485 for the entire family after I discussed with the attorney. She said she will show the passport stamping as a valid entry to US to avoid the illegal status in USA for my wife and sone.

3. I applied last year (sep 2003) and they approved my 140. My company is closed in the current site and they offered me a job in their corp.

4. After I accepted the job offer at corp, my 485 and my son's 485 got approved and we finished the Passport Stamping.

5. Now my wife got the RFE regarding the missing days. My lawyer is still working on the reply

6. I have got an offer locally which I can't pass by. I really want to take the offer.

However I have the following questions.

a. What if the 485 for myself have some problems for change the job? Can they revoke my GC since I am jumping the job in 2 months after the PP.

__________________ why now yourI-485 have problems? they can not revoke the GC becase you are jumping job you may have problems at the time of citizenship as you plan to leave the employer immidiatly after getting GC
- I still have the letter of my site being closed and reallocation detail . Can I show it to INS if there is an enquiry in future ??
------- keep that letter till you apply for citizenship, if asked any question at that time show the letter

b. Can they deny my wife's case ?? What are the chances here. They approved my son's case but they issued an RFE for my spouse. Both had the same missing days.
---- if any problem, pay 1000 fees and use 245(k) as she was out of status less than 180 days. if your wife had the validI-94 at the time I-485 was filed then i dont see problem, let your lawyer explain in cover letter
c. Can I continue with the same lawyer ( corp) for follow up ??
----- that is upto you or you can hire YOUR lawyer who replies the RFE
Any help is appreciated.
Click to expand...
 
Ginnu, 245k does not involve a $1000 penalty fee. 245k relief is granted automatically to all EB applicants who have accumulated an out of status period of <180 days, with no penalty. The $1000 fee refers to 245i, which is only available if the PD is April 2001 or earlier.

There may be a problem with the spouse. If the illegal presence cumulatively exceeded 180 days then the 3 year bar may be in effect, although if they let her in again the last time it might not be an issue - or they might just be noticing now. The son might be too young to accumulate illegal presence - I believe there is a minimum age for this.

Either way, this is a situation for an attorney referral, maybe two.
 
question

Is that cumulative?? I though continuous stay should not exceed 180 days ??

Please clarify
 
Ginnu/realcanadian..pls clarify..I-485 Issue

Hi Freinds/Ginnu/Realkanadian

I have a question.

I came to USA on L1 in june 2001 and my wife came on L2 in Dec'01.
Before she came I applied for H1 from some other company and forgot to apply H4 for her. I joined the new company in March '02 and then I applied H4 for her in April'02. I had a change of status from L1 to H1 and when I joined new company I was on H1 and she was on L2.( I resigned from original L1 sponsored company in feb'02). She got her H4 approval in May'02.

We applied I-485 in July 2004 in NSC under EB-3.I-140 is approved already.She had valid I-94 at this time.

So, she was in diff status for some period of time.
That is when I was on H1 from March'02 and until now, she was on L2 from March'02 to May'02.Approx for some 70 days.Both were in different status for 70 days.

So will there be any problem for her I-485 approval?? Any RFEs will come??

Please give you opinions as I am very much worried. Every thing is handled by my company lawyer (paralegal).


Thanks a lot and I wish good luck for all

Packer
 
TheRealCanadian said:
If the illegal presence cumulatively exceeded 180 days then the 3 year bar may be in effect
Click to expand...

I understood that the 180 day illegal presence count was reset each time the person was inspected and allowed to enter the country, not a 'lifetime' accumulation.
 
wik said:
I understood that the 180 day illegal presence count was reset each time the person was inspected and allowed to enter the country, not a 'lifetime' accumulation.
Click to expand...

My understanding is that it is cumulative. My gut feeling tells me that most USCIS ajudicators are aware of 245k and do not need prompting to apply it - it's very rare to see an RFE raised by an out of status period that can be forgiven by 245k. In most cases that can be forgiven by 245i, they send an NOID that pointedly states, "file the I-485A and give us a thousand bucks, and this will go away."

The fact that they are raising the issue and the possibility of the 3 year bar applying, makes me suggest we call in an attorney and figure out what the heck is going on. $50 or $100 for a 30/60 minute consultation is worth the money in this case.
 
What is RFE?????????
What is that 3 years bar????/
what will happen if have more than 180 Days illegal presence???????

any one have answers
 
TheRealCanadian said:
Ginnu, 245k does not involve a $1000 penalty fee. 245k relief is granted automatically to all EB applicants who have accumulated an out of status period of <180 days, with no penalty. The $1000 fee refers to 245i, which is only available if the PD is April 2001 or earlier.

There may be a problem with the spouse. If the illegal presence cumulatively exceeded 180 days then the 3 year bar may be in effect, although if they let her in again the last time it might not be an issue - or they might just be noticing now. The son might be too young to accumulate illegal presence - I believe there is a minimum age for this.

Either way, this is a situation for an attorney referral, maybe two.
Click to expand...
--thanks for correction regarding 245(k)
 
mnhakeem said:
What is RFE?????????
----when USCIS sends letter for any documents or evidence or claryfication it is RFE
What is that 3 years bar????/
---- if X came to US and his I-94 was valid till Y date and he stays in US with expired I-94 and from Y date he stays more than 180 days then 3 year bar starts, it simply means that he will not get any visa for US in nest 3 years(that does not apply if one has filed I-485 before I-94 expired)
what will happen if have more than 180 Days illegal presence???????
---3 years bar

any one have answers
Click to expand...
 
to hathwar......i did not understand the bar(no visa will be issue for 10 years that what u mean by bar??????)

but i have H1b now,
 
RFE - Approved

Hi Guys,

Thanks for all your input. My attorney prepared an affidavit for my wife's case and We submitted to USCIS on Feb7th. It is approved on 17th Feb.The notaraized affidavit clearly wins the approval with the original passport/VISA stamp copies.If any one needs any help in seeing the format of the affidavit please let me know...

Again thanks for all your help and GOOD LUCK....

Vicky_p
 
Congratulation!!!

There is a RFE on my spouse I-485, we have not recd the letter yet. Can you please give me a draft of the letter your attorney prepared for your wife's RFE as I might also need.

Thanks and appreciate your help.
 
Congrats Vicky_P

Congrats Vicky_P on the approval , could you please also send me the RFE draft prepared for your wife's 485 approval. Thanks in advance. tn_gc
 
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