Urgent!! Please help !!! Can\'t file I-485 ... Status question

R

Rajib Choudhuri

Registered Users (C)
My priority date is current for I-485 filing. 6 years on my H1 expired in Feb , 2001. My company applied for H1 extension of 1 year in Jan 2001 on the basis that my priority date was not current and I had my I-140 approval in hand.

INS committed an error by extending my H1 only till April 2001 , i.e. just for 2 months completing my 6 years on H1 They did not extend H1 till Feb 2002 as was applied for. They did not consider the new law at all although the clauses were clearly mentioned in the H1 application.

My company sent a letter to INS for reconsideration of the date immediately after receiving this erroneous H1 mentioning that I cannot file I-485 although I became current. This was in beginning of May, 2001. No answer from INS yet.

My questions are.
1. Is it required to have a valid H-1 and I-94 to file I-485 ?

2. Is my legal status OK since my company has sent a letter to INS for reconsideration of the date and its not yet 240 days since my erroneous H1 expired in April 2001?

3. Am I allowed to stay here and work(although my H1 expired) on the ground that I cannot file I-485 in spite of being qualified to do so?

4. If I decide to permanently return to my home country before INS responds (before 240 days) and I abandon the GC process altogether, does anybody envision any problem with my getting business visa from US consulate in future?

I will highly appreciate any feedback.
Best regards
rch
 
No Title

If you do not listen anything from INS, then immidiatly apply for I-485 even if you have been out of Status, no problem for you as your LC was filed and cleared before april 30 2001 and you are covered under 245(i) only you will have to pay fine of 1000$ at the time of I-485 adjucation. Do not worry just file your I-485, your dependents are also covered under 245(1) and they Do not have to pay this $ 1000 fine to INS.
Good luck
 
Could you please tell me

Can you please tell me if I leave US permanently now, without filing I-485, would it be an illegal stay in US for me (April - October). I am planning to leave US by October 2001.

Should it create any problem for me if I apply for business visa in future.

Thanks for your help.

rch
 
No Title

YES, IT WILL BE ILLEGAL STAY IN US, YOU WILL NOT BE ABLE TO GET ANY KIND OF VISA BACK TO USA, WHY YOU WANT TO LEAVE? Take the help of good Lawyers like Rajeev Khanna or Sheela Murthy? They will fix the problem for you. IF you file I-485 you should not leave before ADVANCE PAROLE in your hands.
 
No Title

Sorry,IF you have filed to INS in April before expiry of your H1B visa then you are NOT ILLEGAL IN USA for 240 days, you have to count the days from the date INS recieved your H1b petition, I hope you will be getting a reciept very soon if you filed at VSC.IF it is denied then you should leave. I am not a Lawyer better seek the legal advice from some good Lawyer.
 
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