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What do I have to file under 245i. the process time and when will i be able to get a workpermit. Time frame for the whole proces

Silver Spring, MD |

I came to the U.S December of 1997 but overstayed my time. My employer filed a labor certification dated April 30th 2001. On April of 2005 when I asked my employer if she had received a letter from the DOL, her response after thinking about it briefly was yes and that she had sent it back. September of 2005 my employer passed away and 3 months later I got a letter from the DOL to the company that my case was close due to an untimely or incomplete response from my employer dated May 24th 2005 to be postmarked no later than July 08 2005. The company went out of business 1 1/2 years after her passing.I'm I under 245i? I've gotten another job (not being sponsored cuz they wont ) I pay taxes and haven't committed any crime

I have proof the labor certification was filed april 30th 2001.I've gotten labor certification from the DOL dated april 30th 2001..And I've gotten the letter that my case was closed in 05 which dated filed april 30th 2001.What the DOL is claiming that they have send out a letter to my employer to respond I guess a 45 day letter on May 24th 05 due on July 8th 05. They apparently didn't not get a response from my employer before or by July 8th,so my case was closed. My questions is seeing that the DOL closed my case due to an untimely response will I be able to qualify under 245i seeing that the file date was april 30th 2001. If that is the case what will I have to file to get on the benefit...thanks

Attorney Answers 2

  1. This is unclear, because the facts presented don't confirm that the employer's filed labor certification was approvable at filing. More information is needed. It is unclear whether you have proof that the labor certification was filed or that it was approvable at filing based upon what is written.

    I strongly recommend an appointment or teleconference with an experienced immigration attorney.

    The above is general information and does not create an attorney client relationship.

  2. Most likely you are covered by section 245(i). Denial of your Labor Certifrication due to failure to respond to a request means that the case was (most likely) approvable at the time of filing (* unless the request had to do with questions of fraud in the application or the case). You should also be prepared to demonstrate that you qualified for the position at the time it was filed and that you were physically present in the US on December 21, 2000 (Lease, pay stubs, W-2s, utility billls etc.)

    245(i) only serves to allow you to adjust status in the US by paying a $1000 penalty fee if you are not in valid status and/or worked without authorization. However, you willl still need a valid immigrant visa to serve as the basis of your green card case. There are a host of additional issues to consider before filng any case. A comprehensive evaluation of your options is advisable.

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