UN/other experts, pleeeeeeease help

H

hassar10

Registered Users (C)
I think I am in deep trouble.
Got an RFE asking "Evidence of your nonimmigration status from March 1997 to April 20 1999"

I came to US on F1, had my I20 until August of 1998 (I understand as long as your I20 is valid u have a legal status). I did got school but from March 1997 I was doing one course at a time, mean while working with no authority.

After asking these documents (employer letter in addition) at the bottom they have 3 pages about 245(i) and 245(k) and it also says that "Record shows that you were subsequently employed in U.S with out authorization from this service"

It also says that I am not qualified for 245(k)
It also says that I am not qualified for 245(i)

At the very End it says "record shows you do not qualify for AOS, as you are subject to restriction of section 245(c) of the Act"

My labor was fileld in oct 2001 (not by april 30 2001) I have entered US on H1 more than 5 time since april 1999.

Any body please suggest what can I do. from my past experience my attorney is so unhelpfull, all she does is fill the forms and collect fee
 
You need a very good lawyer. Category 2 of section 245(c) are "people who work without authorization (except "immediate relatives" of United States citizens, INA section 201(b))"

The duration of your unauthorized work is more than 6 months too.

If you were adjusting status through marriage to a US Citizen, that violation would be waived but since I think you are using an employment visa, I am afraid that you may not eligible to adjust status.

You can find out about 245(i) and 245(k) here
http://www.murthy.com/adjsta.html

Unfortunately you say that the letter says that you are not eligible under those sections.

What is your Priority Date? If it is very old, you may fall under those sections.
 
Last edited by a moderator:
First, I am NOT an expert. Your situation is in deed troubling. But PLEASE check as of I know the time frame that your status matters and you should have presented to INS regarding your GC application starts the last entry to US before you applied. You said in your post that you had come and gone many times since 1999. So your status before the last entry shouldn't have been taken into account. I am not sure if I am right or wrong on this. But check it out. Find a good lawyer! No matter how you think about a lawyer, now it is the time you need one. Good luck!
 
Thank you guys (billion times)

I am an immediate relative of my Citizen daughter.
Does that help 245(c)
 
Hey I got a very similar RFE(3 pages explaining ineligibility to adjust status) but it was not about my non immi status. They said that I worked in the US illegally after applying for I-485, when infact I had 2 EAD's approved by them which they obviously did not see while typing the 3 page document. Even though I was fairly confident that it was a stupid RFE on their part I made sure that I took consulation with a law firm like Mr. Khanna or Ms. Murthy. They both are good. It is very important that you do that even if you have a lawyer. Good Luck
 
hassar, what is your underlying immigrant visa? Is it a petition by your daughter or is it employment based?

Surely there is a loophole somewhere you can use. This is the right time to spend money on a good lawyer.
 
Hi hassar10,
Be strong don't loose hope, I agree that there was a violation of your f1 status during your student years. But you weren't caught with any admission bar. Moreover you made re-entry with a clean slate. I don't know why they are telling you that you aren't eligible for 245(k). 245(k) was actually introduced for this purpose when they aboloshied 245(i) in the past . If your AOS is employment based, the eligibility of status should be measured since your last entry unless there was ever a fraud you should be OK if you have maintained your status since your last admission. May be the junior adjudicators are not very aware of the laws pertaining to 245(k). Chief of IIO has acknowldged that uscis centers are now instructed to look at 245(k).

Like many suggested, cosult with good attornies for your specific position.
I know it's a tough, but keep in mind these are the times you need to be strong to fight back. Reply the rfe or NOID using the 245(k).
Good luck. ...It's just a matter of time you will get your approval.
 
Thank you guys

My AOS is employment base.
They send the same RFE to my wife asking for status since her entry till on H4 I chaged the H1 and applied for her new H4 (Most people don't do it :) )

But at the end of her letter, they also saying that u been involved in illegal work and exactly same words all the way to end. BUT she is house wife, and never worked her entire life.

Like TooSAD say" I have enter to US many times on H1, and never had any problems. What does 245(k) says.
In the letter they are suggesting I can not apply for 245(k)
 
So my last 5 entries on H1 does not clear any thing

Does this mean I am banned for 10 years to enter? No one ever asked me any thing on port of entry.
 
hi Hassar,
those with DS I-94 are not caught with unlawful presence(or over stay) unless imm judge finds it. so there was never a problem with your h1-b visa and admission. What 's the ground for them not to let you in or refuse your h1-b visa which has an immigrant intent embeded in it? And According to 245(k) the eligibility for AOS emplyment based should be measured from one's last entry- period. I think it should reset your previous violation(no matter how long) once you left the country and allowed to come back in. this should give you a clean slate, If there was an unlawful presence, admission bar automatically applies to you, this is scary even to good lawyers.

I think the key point here is you made re-entry that should clear every thing. Keep in mind, 245(k) is only relevant to your last admission and the out of status/violation of status should n't exceed 180 days. I am not sure if your previous status should be relevant on this.


bye the way how did you get your h1-b. did you have to apply h1 visa or was COS (f1-h1)approved here?

This is purely my understanding I am just like you on this forum and I could be totally wrong here. For professional opinion please consult with good attornies. my suggestion don't depend on just one talk to many. Let us know what they say.

Good luck, I pray for your approval soon.
 
You must log in or register to reply here.
Top