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Hello, briefly introduce my case. I'd like to ask if 245 K rule apply to me. I am a physical therapist going through EB2 schedule A.
F1 OPT expired 6/8/2016
F1 OPT grace period 8/7/2016
I-140/I485 concurrently file on 7/25/16 (with Premium process)
I-140 denied on 8/8/16 due to job posting info incorrect
I-485 denied on 10/7/16
https://www.uscis.gov/sites/default/files/USCIS/...
Is my out of status for 120 days already? and My unlawful presence is 2 days by today? Not sure if my calculation is correct.
I have been preparing to leave the states since I-140 denial. I planed to leave the states once I-485 officially denied and ready for the consular process. On 10/7/16, I got the online status notice showing that my 485 denied and prepared to leave this upcoming week.
However, I got a call from company's attorney. She told me that she just found there is rule 245k it might be applicable to my case. However, she is not quite sure and will get me back next week.
I read the article and it basically means " 245(k) forgives failure to maintain a nonimmigrant status for up to 180 days prior to filing an I-485"
My question is that the < 180 days is for the people " out of status" or even applicable for the people like me already started accruing "unlawful presence" ?
I'd like to know if my case still applicable for rule 245k and I still have a chance to file 2nd approvable I40/I485 ?!
Thanks in advance!!
F1 OPT expired 6/8/2016
F1 OPT grace period 8/7/2016
I-140/I485 concurrently file on 7/25/16 (with Premium process)
I-140 denied on 8/8/16 due to job posting info incorrect
I-485 denied on 10/7/16
https://www.uscis.gov/sites/default/files/USCIS/...
Is my out of status for 120 days already? and My unlawful presence is 2 days by today? Not sure if my calculation is correct.
I have been preparing to leave the states since I-140 denial. I planed to leave the states once I-485 officially denied and ready for the consular process. On 10/7/16, I got the online status notice showing that my 485 denied and prepared to leave this upcoming week.
However, I got a call from company's attorney. She told me that she just found there is rule 245k it might be applicable to my case. However, she is not quite sure and will get me back next week.
I read the article and it basically means " 245(k) forgives failure to maintain a nonimmigrant status for up to 180 days prior to filing an I-485"
My question is that the < 180 days is for the people " out of status" or even applicable for the people like me already started accruing "unlawful presence" ?
I'd like to know if my case still applicable for rule 245k and I still have a chance to file 2nd approvable I40/I485 ?!
Thanks in advance!!
