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Eligibility of 245(i).

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  • Eligibility of 245(i).

    - If a person was in legal H1B status on April 30, 2001.
    - The person phisically presented in the US on Dec. 21, 2000.
    - The company applied LC for this person and the LC was approved before April 30, 2001
    - The company applied I-140 for this person before April 30, 2001 and I-140 got approved on July 2001.
    - The person did not get chance to file I-485 after I-140 was approved.
    - But the person got laid off on Oct. 2001 and I-94 expired in Oct. 2002.(unlawfully presented in US now)
    - The person didn't file any application to change status after got laid off.
    - The person's spouse is always in legal status in US.

    If the person's spouse can find a job in future and then apply green card on Employment-base, is this person still eligible to adjust status in US under 245(i) through spouse's employment?

    When did the "unlawful present" start to accumulate? From the day the person got laid off or from the day I-94 expired?

    Thank you very much!

  • #2
    - If a person was in legal H1B status on April 30, 2001.
    - The person phisically presented in the US on Dec. 21, 2000.
    - The company applied LC for this person and the LC was approved before April 30, 2001
    - The company applied I-140 for this person before April 30, 2001 and I-140 got approved on July 2001.
    - The person did not get chance to file I-485 after I-140 was approved.
    - But the person got laid off on Oct. 2001 and I-94 expired in Oct. 2002.(unlawfully presented in US now)
    - The person didn't file any application to change status after got laid off.
    - The person's spouse is always in legal status in US.

    If the person's spouse can find a job in future and then apply green card on Employment-base, is this person still eligible to adjust status in US under 245(i) through spouse's employment?

    When did the "unlawful present" start to accumulate? From the day the person got laid off or from the day I-94 expired?

    Thank you very much!

    Comment


    • #3
      You lost your legal status 30 days after you got laid off since you did not file a new petition with a new employer within 30 days. Consequently, the expiration date of your I-94 is irrelevant in your case.

      Comment

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