Originally posted by maxx
The case was EB3/NY/IND ..labor was filed in Oct. 99 ...All the cases became current in June '2001 ....hence I am not sure whether the Priority Date WAS before April 2001 ....
In EB cases (except EB-1 and EB-2 NIW) the priority date is the date that the LC was filed. In the two special EB categories where no LC is needed, the priority date will be the receipt date of the I-140. In your case, your priority date appears to be October 1999, so no problem at all.
If there is an Intent to deny .. I can easily used 245(k) ......WOW what a relief !!!!! The reason I am asking is .. I went to several sites and they clearly state that technically ..one can;t be out of status for even a single day and the rule in this matter is quite clear ...I don;t know anything about the Section 245(k)
Actually, if you want light bedtime reading, take a look at the INA itself. Look for section 245 (which covers adjustment of status), and then find subsection K. Section 245 says that adjusting status is a (dubious) "privilege" that is given to those good folks who have never lost status. If you have ever been out of status (even for a single day) no AOS for you. However, there are three major exceptions:
Immediate relatives of US citizens (parents/spouses/minor children) can adjust at any time with no penalty.
Individuals with priority dates before 4/15/2001 (and physically present in the US on 12/22/2000 - don't forget this part!) can adjust status if they file an I-485A and pay $1000. (245i)
Beneficiaries of employment based petitions can adjust status if they have been out of status for 180 days or less. (245k)
There is a high likelihood that such a small out of status gap as yours may not even be noticed by BCIS, or if it is the ajudicator will be smart enough to understand 245k, so no need to worry much.
