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Section 245(i)
- Thread starter neha123
- Start date
neha123, have you been out of status?
check this url
http://www.eimmigration.org/245i summary.htm
also you may find something on the BCIS site.
check this url
http://www.eimmigration.org/245i summary.htm
also you may find something on the BCIS site.
nope
My wife had her H4 till 7/2001. She got her Hi approved before the H4 expired (I think 01/2001). But she never worked for the H1 employer as he couldnt find her a job. So no paystubs. But he didnt cancel her H1 though. We filed the AOS 11/01 and got 2 EAD's and Advance Parole. My case was transferred for an interview to Houston. I'm just wondering if this would be a problem during an interview. I contacted an attorney and was told that we can pay a $1000 fine and will have no problem. Any thoughts??
My wife had her H4 till 7/2001. She got her Hi approved before the H4 expired (I think 01/2001). But she never worked for the H1 employer as he couldnt find her a job. So no paystubs. But he didnt cancel her H1 though. We filed the AOS 11/01 and got 2 EAD's and Advance Parole. My case was transferred for an interview to Houston. I'm just wondering if this would be a problem during an interview. I contacted an attorney and was told that we can pay a $1000 fine and will have no problem. Any thoughts??
So basically you fear that your wife was out of status after
her H-4 expired.
I Hope the BCIS guys don't scrutise it so much.
When is your interview?
Can you please post your other details etc?
Do you have an attorney as of now or you were just checking with an attorney abt 245(i) ?
I had also read abt $1000 fine because a person was out of status.
The law needs you to be inside US on 21st Dec 2000 ( i think that is the day). Why this particular date - I don't know.
her H-4 expired.
I Hope the BCIS guys don't scrutise it so much.
When is your interview?
Can you please post your other details etc?
Do you have an attorney as of now or you were just checking with an attorney abt 245(i) ?
I had also read abt $1000 fine because a person was out of status.
The law needs you to be inside US on 21st Dec 2000 ( i think that is the day). Why this particular date - I don't know.
Goastros
My interview was not scheduled yet.
PD (LC) 12/99.
She got her H1 12/2000, H4 expired 7/2001.
Filed I485 11/2001 for both of us. We both got 2 EAD's and I sent my EAD for renewal. She started working in IT after getting her EAD.
Married - 03/2000 and we both came to US 04/2000.
My interview was not scheduled yet.
PD (LC) 12/99.
She got her H1 12/2000, H4 expired 7/2001.
Filed I485 11/2001 for both of us. We both got 2 EAD's and I sent my EAD for renewal. She started working in IT after getting her EAD.
Married - 03/2000 and we both came to US 04/2000.
Last edited by a moderator:
245i and k
As long as you filed an immigrant visa petition before April 30, 2001 and were physically present here on Dec 21, 2000 you can adjust your status under 245i after paying a fine of $1000. But you need to file a supplement form for 245 i while you file your immigrant visa petition. This will show INS that you are a 245 i adjustee. You can enquire with your lawyer to find out if you can file that form now.
Also there is a separate law called 245k. It enables you to apply for adjustment of status without paying the $1000 penalty if you qualify under certain employment based categories and have not been out of status for an aggregate period of 180 days since the last time you entered into the US.
As long as you filed an immigrant visa petition before April 30, 2001 and were physically present here on Dec 21, 2000 you can adjust your status under 245i after paying a fine of $1000. But you need to file a supplement form for 245 i while you file your immigrant visa petition. This will show INS that you are a 245 i adjustee. You can enquire with your lawyer to find out if you can file that form now.
Also there is a separate law called 245k. It enables you to apply for adjustment of status without paying the $1000 penalty if you qualify under certain employment based categories and have not been out of status for an aggregate period of 180 days since the last time you entered into the US.
You dont need to worry about 245i
Let me recap what you said about your case .
You filed AOS in 11/01.
Your wife had H4 till 7/2001.
If the above statements are true then you dont have to think about 245i or $1000-00 fine at all.
I am not trying to check her duration of out of status , but in a worst case scenario she has to be out of status more than 6 months to worry about all that.
If anyone is out of status for more than 6 months there will be ban on entry. So in your wife's case I dont see there is a place for worry.
Even lawyer sites like Murthy.com say that it could be a problem for H4 s if they are not extended alongwith H1.But INS looks like has a stand different than this.
My wife and daughter had their H4 visas expired for more than 7 months but then they could stamp them in Madras and re-enter without a problem.
The other question that I see is " why on Dec 21st,2000 one has to be here to qualify it ?" . It is because the law was worded that way that one has to be physically be in US on that day the law was passed and have a valid labor filed for them before April 2001.
Let me recap what you said about your case .
You filed AOS in 11/01.
Your wife had H4 till 7/2001.
If the above statements are true then you dont have to think about 245i or $1000-00 fine at all.
I am not trying to check her duration of out of status , but in a worst case scenario she has to be out of status more than 6 months to worry about all that.
If anyone is out of status for more than 6 months there will be ban on entry. So in your wife's case I dont see there is a place for worry.
Even lawyer sites like Murthy.com say that it could be a problem for H4 s if they are not extended alongwith H1.But INS looks like has a stand different than this.
My wife and daughter had their H4 visas expired for more than 7 months but then they could stamp them in Madras and re-enter without a problem.
The other question that I see is " why on Dec 21st,2000 one has to be here to qualify it ?" . It is because the law was worded that way that one has to be physically be in US on that day the law was passed and have a valid labor filed for them before April 2001.
sxpat
Thanks dude. I appreciate. Technically she was not out of Status any time. She had a H1-B approval which is valid till 7/2003. The only thing thats bothering me is she never worked on H1 due to the economy. She started working in the IT industry since 2002 after geting the EAD.
later.
Thanks dude. I appreciate. Technically she was not out of Status any time. She had a H1-B approval which is valid till 7/2003. The only thing thats bothering me is she never worked on H1 due to the economy. She started working in the IT industry since 2002 after geting the EAD.
later.
plasticcard
Registered Users (C)
neha123,
My wife also had the same problem. But when we were filing for I-485, my lawyer pointed out that this could be a slight problem as the rule is that we have to start working on H1 before 90 days. At that time she was had completed almost 120 days in H1.
So what we did is: we went outside the country (Canada) and came back and requested for a new I-94. So they gave her an I-94 based on her H4 stamped in the passport(we hadn't yet stamped the H1).
Anyways, I do not think this is a problem for INS. Even though it comes as a problem, you can use 245(i).
Good luck. I hope that your misery is almost going to end
RD:06/01/01
ND:08/25/01
FP:05/17/03
My wife also had the same problem. But when we were filing for I-485, my lawyer pointed out that this could be a slight problem as the rule is that we have to start working on H1 before 90 days. At that time she was had completed almost 120 days in H1.
So what we did is: we went outside the country (Canada) and came back and requested for a new I-94. So they gave her an I-94 based on her H4 stamped in the passport(we hadn't yet stamped the H1).
Anyways, I do not think this is a problem for INS. Even though it comes as a problem, you can use 245(i).
Good luck. I hope that your misery is almost going to end
RD:06/01/01
ND:08/25/01
FP:05/17/03