I recd transfer notice from Buffalo office, on the notice there is column for provision of act in which Act 245 is mentioned. Is this normal for those who have never been out of status ? Would guys check your transfer notice and let me know what's provision of act on your transfer notice. I think if i am not mistaken it is act 245(i) for those who have been out of status less than 180days and you have to pay 1000$ fine.
To those whoes case is transferred to Local office
- Thread starter Herohonda
- Start date
TheRealCanadian
Volunteer Moderator
Section 245 of the INA covers the entire AOS procedure. Don't be worried. If you fell under 245i you would have received an Intent to Deny notice long ago.
to TheRealCanadian
HI
Could you elaborate your explanation!
may be my doubt deviate actuall purpose of the thread started but please let me understand about 245(i) situations.
you mean all the cases those are under 245(i) going to be denied ?
What if candidate already mentioned while submission of i-485 it self(assume that took care of whatever the things needed !)
thanks in advance
HI
Could you elaborate your explanation!
may be my doubt deviate actuall purpose of the thread started but please let me understand about 245(i) situations.
you mean all the cases those are under 245(i) going to be denied ?
What if candidate already mentioned while submission of i-485 it self(assume that took care of whatever the things needed !)
thanks in advance
TheRealCanadian
Volunteer Moderator
Re: to TheRealCanadian
Not at all. Let me elaborate.
Section 245 of the INA states that if you've ever been out of status since your last admission to the US, you are ineligible to adjust status and must do CP to get your Green Card. However, there are two significant exceptions to this.
First, if you are an EB-485 filer, as most of us are, you are covered under Section 245k which allows you to adjust status without penalty if you were out of status for 180 days or less. This covers minor, "technical" violations. Section 245i allows you to adjust status no matter how long you were out of status for, provided that your priority date (in most cases the LC filing date) was April 30/2001 or earlier, and you were physically present in the US on December 22/2000. In order to get relief under 245i you must pay a $1000 penalty fee.
In practice, if USCIS suspects you were out of status, if it's less than 180 days then they do nothing since you were covered by 245K. If they believe that there is a status violation greater than 180 days, they will send you a Notice of Intent to Deny which usually suggests that you file the I-485A form with the $1000 penalty.
Please note that this isn't a denial. It's just a "we are going to deny you unless you do this." The only tricky thing about an NOID is that you only get 30 days to respond, not 90 like an RFE.
If you already claim relief under 245i by filing the I-485A and the $1000 fee, you'll be fine, although in most cases if there's any doubt at all I would suggest you not pay the money and let USCIS send you the NOID first. You may save $1000.
Not at all. Let me elaborate.
Section 245 of the INA states that if you've ever been out of status since your last admission to the US, you are ineligible to adjust status and must do CP to get your Green Card. However, there are two significant exceptions to this.
First, if you are an EB-485 filer, as most of us are, you are covered under Section 245k which allows you to adjust status without penalty if you were out of status for 180 days or less. This covers minor, "technical" violations. Section 245i allows you to adjust status no matter how long you were out of status for, provided that your priority date (in most cases the LC filing date) was April 30/2001 or earlier, and you were physically present in the US on December 22/2000. In order to get relief under 245i you must pay a $1000 penalty fee.
In practice, if USCIS suspects you were out of status, if it's less than 180 days then they do nothing since you were covered by 245K. If they believe that there is a status violation greater than 180 days, they will send you a Notice of Intent to Deny which usually suggests that you file the I-485A form with the $1000 penalty.
Please note that this isn't a denial. It's just a "we are going to deny you unless you do this." The only tricky thing about an NOID is that you only get 30 days to respond, not 90 like an RFE.
If you already claim relief under 245i by filing the I-485A and the $1000 fee, you'll be fine, although in most cases if there's any doubt at all I would suggest you not pay the money and let USCIS send you the NOID first. You may save $1000.
to TheRealCanadian
first of all thank you so much for your reply and expertise, please give me little more info regarding same issue
>In practice, if USCIS suspects you were out of status, if it's less >than 180 days then they do nothing since you were covered by >245K. If they believe that there is a status violation greater >than 180 days, they will send you a Notice of Intent to Deny >which usually suggests that you file the I-485A form with the >$1000 penalty.
what i understand from above is, if some body gone into out of status for more than 180 days then USCIS will suggest you to file the I-485A and pay $1000 penalty, here is my question ,
i)is LC must and should be applied before 30th April 2001? or not necessary
ii) if LC should be before 30th April 2001, can sombody use substituted one ??
please give me an idea about above question, one of my friend is in this situaion only, but he is very much worried about validation of substituted LC for 245(i). He got into out of status with out notice while he was working for client and getting paystubs, only thing was he and his employer forgot to extend the i-94 !!! they only realised that after a year and somebody suggested the 245(i) and he applied in that category, So please tell about this case, whether he can succed!!??
Your valuable input is highly appreciated.
thanks in advance
first of all thank you so much for your reply and expertise, please give me little more info regarding same issue
>In practice, if USCIS suspects you were out of status, if it's less >than 180 days then they do nothing since you were covered by >245K. If they believe that there is a status violation greater >than 180 days, they will send you a Notice of Intent to Deny >which usually suggests that you file the I-485A form with the >$1000 penalty.
what i understand from above is, if some body gone into out of status for more than 180 days then USCIS will suggest you to file the I-485A and pay $1000 penalty, here is my question ,
i)is LC must and should be applied before 30th April 2001? or not necessary
ii) if LC should be before 30th April 2001, can sombody use substituted one ??
please give me an idea about above question, one of my friend is in this situaion only, but he is very much worried about validation of substituted LC for 245(i). He got into out of status with out notice while he was working for client and getting paystubs, only thing was he and his employer forgot to extend the i-94 !!! they only realised that after a year and somebody suggested the 245(i) and he applied in that category, So please tell about this case, whether he can succed!!??
Your valuable input is highly appreciated.
thanks in advance
TheRealCanadian
Volunteer Moderator
Re: to TheRealCanadian
245i relief relies on two specific conditions. Let me reiterate them. First, the priority date must be April 30th 2001 or earlier. Second, the alien must have been physically present in the US on December 22nd, 2000.
Now, if your friend remained in the US for a year without the I-94 being extended, he is most likely subject to the 10-year re-entry bar. That means he should not leave the US under any circumstances. Is he eligible for 245i relief?
To answer that question we need to determine his priority date. For most folks, the PD is the date that the LC was filed. However in NIW or EB-1 cases the PD is the date the I-140 was filed. Since your friend's name wasn't on the LC, his priority date is the date his I-140 was filed as well. What is the Receipt Date of the I-140? If it's after April 30th, your friend is in a world of trouble.
245i relief relies on two specific conditions. Let me reiterate them. First, the priority date must be April 30th 2001 or earlier. Second, the alien must have been physically present in the US on December 22nd, 2000.
Now, if your friend remained in the US for a year without the I-94 being extended, he is most likely subject to the 10-year re-entry bar. That means he should not leave the US under any circumstances. Is he eligible for 245i relief?
To answer that question we need to determine his priority date. For most folks, the PD is the date that the LC was filed. However in NIW or EB-1 cases the PD is the date the I-140 was filed. Since your friend's name wasn't on the LC, his priority date is the date his I-140 was filed as well. What is the Receipt Date of the I-140? If it's after April 30th, your friend is in a world of trouble.
here lis ittle more info
Thank you so much for your valuable informaiton regarding 245(i),
He concurrently applied for 1-140/i-765/i1-485 in Jan and he got i-140 approved in May and EAD also approved but bcis asked for passport pages or something and ,
His preority date on i-140 approval notice is showing 10/12/2000.
is he safe??
Thanks in advance
Thank you so much for your valuable informaiton regarding 245(i),
He concurrently applied for 1-140/i-765/i1-485 in Jan and he got i-140 approved in May and EAD also approved but bcis asked for passport pages or something and ,
His preority date on i-140 approval notice is showing 10/12/2000.
is he safe??
Thanks in advance
TheRealCanadian
Volunteer Moderator
Re: here lis ittle more info
If he applied for the I-140 in January of 2003, he might NOT be OK. Just because BCIS says the priority date is in 2000 doesn't necessarily mean they got it right. It's not like they never screw up or anything.
I don't mean to frighten unnecessarily, but the 3/10-year bars are serious stuff, and you need to be 110% sure you are OK when you play with them. Tell him to get a second legal opinion to be safe. It's cheap $100 insurance.
If he applied for the I-140 in January of 2003, he might NOT be OK. Just because BCIS says the priority date is in 2000 doesn't necessarily mean they got it right. It's not like they never screw up or anything.
I don't mean to frighten unnecessarily, but the 3/10-year bars are serious stuff, and you need to be 110% sure you are OK when you play with them. Tell him to get a second legal opinion to be safe. It's cheap $100 insurance.
TheRealCanadian
Volunteer Moderator
I simply mean that for a $100 consultation with an attorney he can have some peace of mind. Again, the re-entry bars are not to be fooled with.
Re: Re: to TheRealCanadian
TheRealCanadian,
If somebody came to US on 1st H1B then never left US, so I-94 got expired after some time but person already gets new H1B extension then that person didnt go out of status just because of the expiration of I-94... right ?
How I-94 can be extended ? is it necessary ? is H1 approval not enough ?
thanks
TheRealCanadian,
If somebody came to US on 1st H1B then never left US, so I-94 got expired after some time but person already gets new H1B extension then that person didnt go out of status just because of the expiration of I-94... right ?
How I-94 can be extended ? is it necessary ? is H1 approval not enough ?
thanks
brighterday
Registered Users (C)
truenblue:
The lower (right) part of your H-1B extension approval is an extension of your I-94
The lower (right) part of your H-1B extension approval is an extension of your I-94
I-94 extension means extension of H1. If your H1 approval notice comes without I-94 that means you have to go out of country and re-enter. You need new stamping to re-enter if your visa is expired. Otherwise you do not need a stamping but go out of country and get new I-94. So the implied meaning of getting extension is extending your I-94.