Urgent !! 245(i) and I-485

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ramesh456

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I am getting ready to file for I-485 for myself and my wife. My wife is currently on H4. Back in 2001, she was on H1 until June 2001. We did not know that the status had to be explicitly changed to H4 upon termination of employment; we figured it would be an automatic conversion. Now my lawyer says that we need to file 245(i) to correct this gap since it is more than 180 days(as luck would have it by a few days). I had a labor certification filed on my behalf by my previous employer in March 1999 but was with withdrawn at the 485 stage due to my resignation.

Has anyone had to tackle such a problem before and how was it tackled? Can one make use of 245(i) based on a prior labor certification. Would be a good idea to file without the 245(i) since the out of status cannot be determined solely based on the information provided in application?

Appreciate any responses.
 
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245-i

I had the same problem. I went out of status for 180.
When I filed the i485, after 6 months I was required to file 245-i and paid $1000.
My 485 was approved May 16th 2005. Now waiting for recipt.
Go on the INS website uscis.gov and look ander FAQ for 245(i). The requirements are something like the labor needs to be filed before 2001. Not sure the required requirements.
Check them up.
 
My wife has been out out of status for 150 days while being on H4 in the year 2003.Before, she accrues 180 days period,she left to India to have her passport stamped. She returned with valid visa (stamped) and valid I-94.
We filed I485 in the year Aug.2004. I got my I485 approved in May,2005 but her case is not yet approved. What will happen to her case? Can she be denied 485 ? Will this be referred to local office? Pending this whether her EAD will be renewed or not..? Please share your similiar experiences.
 
akv22 said:
My wife has been out out of status for 150 days while being on H4 in the year 2003.Before, she accrues 180 days period,she left to India to have her passport stamped. She returned with valid visa (stamped) and valid I-94.
We filed I485 in the year Aug.2004. I got my I485 approved in May,2005 but her case is not yet approved. What will happen to her case? Can she be denied 485 ? Will this be referred to local office? Pending this whether her EAD will be renewed or not..? Please share your similiar experiences.
Click to expand...

Once you go out of US and come back it is clean slate. They verify the status since your last entry.
 
ramesh456 said:
I am getting ready to file for I-485 for myself and my wife. My wife is currently on H4. Back in 2001, she was on H1 until June 2001. We did not know that the status had to be explicitly changed to H4 upon termination of employment; we figured it would be an automatic conversion. Now my lawyer says that we need to file 245(i) to correct this gap since it is more than 180 days(as luck would have it by a few days). I had a labor certification filed on my behalf by my previous employer in March 1999 but was with withdrawn at the 485 stage due to my resignation.

Has anyone had to tackle such a problem before and how was it tackled? Can one make use of 245(i) based on a prior labor certification. Would be a good idea to file without the 245(i) since the out of status cannot be determined solely based on the information provided in application?

Appreciate any responses.
Click to expand...

What was expiry date on the I-94? If she has not over stayed the I-94 i.e if the H4 conversion was done before the expiry of I-94 you should be ok.

Other then that if your wife traveled abroad and re-entered the US then also she should be OK.
Include the dates in your post that help people understand the situation more clearly.

In worst case you can use 245(I) grandfathering with old I-485 /Labor.
 
tammy2 said:
Once you go out of US and come back it is clean slate. They verify the status since your last entry.
Click to expand...
Thanks for this response. Same thing was was told by my lawyer.However, her I485 is still pending.They approved I485 for me (primary) and my two kids.Could you pl. tell me what worst could happen to such cases? Will her EAD renewal be impacted pending I485?
 
akv22 said:
Thanks for this response. Same thing was was told by my lawyer.However, her I485 is still pending.They approved I485 for me (primary) and my two kids.Could you pl. tell me what worst could happen to such cases? Will her EAD renewal be impacted pending I485?
Click to expand...

There is no need to worry. It will be approved soon. Even if they check it is less then 180 days. You are covered by 245(K).
Call USCIS and ask them.
 
Hello Tammy2

I have a question . today i called VSC . The lady said that There is a RFE sent on 485 on feb 14th . i did not get anything. when i said that they said they will resend the RFE . now my question is

its more than 95 days since their claimed date if original RFE. since there was no reply . do you think they will deny my application because of no respponse?

Actaully i did not get any mail from INS about RFE .

Any one plese suggest me as to how many days to send reply to a RFE .

Thanks
Ravi.
 
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