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Sept 18th Rally: Car-pooling, Group Reservations for Air travel, hotel etc. This forums is for threads that are pertinent to Sept 18th rally. If you want to carpool to DC, travel by Air and looking for group reservation for cheaper rates with other members in your city, group reservation for Hotels, rental cars etc, please put threads here and then communicate with local IV members.

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  #16  
Old 11-19-2008, 01:02 PM
GCOP GCOP is offline
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Discuss with your attorney. I hope, Something will work out for you. Good Luck.

Quote:
Originally Posted by gc4me View Post
Unfortunately, before filing I-485 she never re-entered with H4 due to several reason. 2003 January we send our passport to state department for stamping. We paned to visit after we get passport back with visa stamped. We waited till April then I (everyone from my country) was told to appear in front of an IO with our passport with before April end without any exception. So we withdrew our passport. Then we were re-planning ...then she was pregnant and then my daughter was too young to fly etc.
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  #17  
Old 11-19-2008, 05:00 PM
gc4me gc4me is offline
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I found one person whose wife's H4 was not renewed as because he did not know about it. She did not have a valid I-94 for 8 months. Then she went back for H4 stamping and she was stamped with no issue.

Can we go to Canada for H1 and H4 stamping and apply for a new I-485 for my wife. My PD is current. As I have invoked AC21, I will transfer my H1/H4 with the new employer with premium process and go for stamping. Can we file a new I-485 when another I-485 is pending for my wife? My PD is current.
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  #18  
Old 11-19-2008, 09:03 PM
Jitamitra Jitamitra is offline
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Quote:
Originally Posted by glus View Post
Hi GC4Me:
I think you are referring to 245(i), which does what you wrote above. 245(k), on the other hand, allows to adjust status even if a person sponsored through employment (or spouse of such a person) had been unlawfully present, or out of status in the U.S. for a period of less than 180 days between last entry to the u.s. and application for adjustment of status.

Regards,
If you look at the technicality of the 245(k) specification, you shouldnt be out of status for more than 180 days from the last entry with valid I-94. So practically speaking if someone never went out with expired H4 and stayed in US for period of more than 180 days and applied 485, it's a problem.

However, if you go out and come back in with a non-immigrant status, the counter resets for 245(k). I am not a attorney, but please check with a good attorney.
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  #19  
Old 11-19-2008, 09:59 PM
gc4me gc4me is offline
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Can we file another I-485 for my wife when one I-485 is pending? PD is current.
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  #20  
Old 11-20-2008, 01:08 PM
glus glus is offline
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Quote:
Originally Posted by gc4me View Post
I found one person whose wife's H4 was not renewed as because he did not know about it. She did not have a valid I-94 for 8 months. Then she went back for H4 stamping and she was stamped with no issue.

Can we go to Canada for H1 and H4 stamping and apply for a new I-485 for my wife. My PD is current. As I have invoked AC21, I will transfer my H1/H4 with the new employer with premium process and go for stamping. Can we file a new I-485 when another I-485 is pending for my wife? My PD is current.

Yes, assuming she receives H-4, and re-enters U.S. on H-4, she will be able to apply for new I485 once she re-enters and if your PD is current. However, be verrrry careful. Speak to an experienced attorney before leaving the U.S. Why? If the USCIS learns she was her illegally for over 180 days (out of status) a 3-year re-entry bar may kick in. Please please please, speak to goood attorney before doing anything.

Google 3-year reentry bar or 10 year reentry bar.

Last edited by glus; 11-20-2008 at 01:12 PM. Reason: addition
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  #21  
Old 11-20-2008, 01:27 PM
glus glus is offline
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Quote:
Originally Posted by Jitamitra View Post
If you look at the technicality of the 245(k) specification, you shouldnt be out of status for more than 180 days from the last entry with valid I-94. So practically speaking if someone never went out with expired H4 and stayed in US for period of more than 180 days and applied 485, it's a problem.

However, if you go out and come back in with a non-immigrant status, the counter resets for 245(k). I am not a attorney, but please check with a good attorney.
Hi Jitamitra,
Yes, you are correct. However, please read my previous post. This is just a word of caution. Thank you.
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  #22  
Old 11-20-2008, 03:35 PM
desi3933 desi3933 is offline
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Quote:
Originally Posted by gc4me View Post
Looks like 245(k) is not an option.
Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.
You are mixing 245(i) with 245(k).

Anyway, 245(k) does not apply in this case as number of out-of-status days > 180 calendar days.
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  #23  
Old 11-20-2008, 03:39 PM
desi3933 desi3933 is offline
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Quote:
Originally Posted by gc4me View Post
Yes. She got new I-94 in her H4 approval in January 2004.
Also with her H4 extension in 2006 which is valid till 2009 march.

But she visited and came back after filing our I-485 as parolee.
That is a very good news. I think you should be ok.

Since her extension of H4 status was approved with I-94, this means USCIS has waived her out-of-status record. You attorney should be able to respond RFE with the details of H4 extension. You need an experienced attorney who understands that out-of-status is forgiven when extension/change of status is approved with new I-94.

Good Luck.


*** I am not an attorney and this is not a legal advice. ***


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  #24  
Old 01-04-2009, 07:28 PM
gc4me gc4me is offline
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Default GC Approved

Start of a new year could not be better! What a start!!!!!!!!!!!!!
I got COP email for me and my wife's I-485. It was approved on January 2nd. 1st business day of the year! WOW!

It had been an uphill battle. I am extremely pleased to have an happy ending. Thanks to IV and all its members. Hope that everyone gets it soon.
I invoked AC21 and got RFE regarding AC12.

I personally thank JitaMitra who first educated about 245(k).

MAY GOD HELP US ALL!
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Last edited by gc4me; 01-05-2009 at 03:00 PM.
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  #25  
Old 01-04-2009, 08:01 PM
kumarr kumarr is offline
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Good for you. Congrats!
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  #26  
Old 01-05-2009, 12:26 PM
clear485 clear485 is offline
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Quote:
Originally Posted by gc4me View Post
Start of a new year could not be better! Wahat a start!!!!!!!!!!!!!
I got COP email for me and my wife's I-485. It was approved on January 2nd. 1st business day of the year! WOW!

It had been an uphill battle. I am extremely pleased to have an happy ending. Thanks to IV and all its members. Hope that everyone gets it soon.
I invoked AC21 and got RFE regarding AC12.

I personally thank JitaMitra who first educated about 245(k).

MAY GOD HELP US ALL!
Congratulations !!!

So what was your/attorney response for 1 year out-of-status RFE for your wife. Did you provide any document or more information to USCIS reg this
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  #27  
Old 01-05-2009, 01:48 PM
gc4me gc4me is offline
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We prepared case following 245(k) memo.
According to 245(k), for EB emigrants, if the out of status (for more than 180 days) is not the applicant's fault, then it can be exempted.

Quote:
Originally Posted by clear485 View Post
Congratulations !!!

So what was your/attorney response for 1 year out-of-status RFE for your wife. Did you provide any document or more information to USCIS reg this
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  #28  
Old 01-05-2009, 03:48 PM
clear485 clear485 is offline
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Quote:
Originally Posted by gc4me View Post
We prepared case following 245(k) memo.
According to 245(k), for EB emigrants, if the out of status (for more than 180 days) is not the applicant's fault, then it can be exempted.
Thank you....

I thought it can apply only if out-of-status < 180 days....

So we can invoke 245(K) even if we stay out-of-status morethan 180 days and don't have mistake from applicant's side....
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  #29  
Old 01-05-2009, 04:11 PM
gc4me gc4me is offline
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< 180 days is always exempted. No need to show/provide anything, I guess.
245(k) has exemption for > 180 days if you can prove that the gap is not applicant's fault.


Quote:
Originally Posted by clear485 View Post
Thank you....

I thought it can apply only if out-of-status < 180 days....

So we can invoke 245(K) even if we stay out-of-status morethan 180 days and don't have mistake from applicant's side....
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Last edited by gc4me; 01-05-2009 at 04:21 PM.
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  #30  
Old 01-05-2009, 05:10 PM
asrinuone asrinuone is offline
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Quote:
Originally Posted by gc4me View Post
Start of a new year could not be better! What a start!!!!!!!!!!!!!
I got COP email for me and my wife's I-485. It was approved on January 2nd. 1st business day of the year! WOW!

It had been an uphill battle. I am extremely pleased to have an happy ending. Thanks to IV and all its members. Hope that everyone gets it soon.
I invoked AC21 and got RFE regarding AC12.

I personally thank JitaMitra who first educated about 245(k).

MAY GOD HELP US ALL!
I'am very very happy to see your story end with Happyness man, Please educate all the EB floks around you about not forgettign their spouses H4 status. Any how, it is very very suspense for me, prayed too, I'm happier than you too know u got GC. Stay happy and Take care.
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