Unauthorized employment and 245(k)

Z

zshakyaz

Registered Users (C)
I have some question on how 245(k) will apply here

Timeline
--------------------------------------

I entered USA on 2000 on f-1 visa
(2 to 3 semesters of summer employment without work permit)

exit us 1/2005
entry to us 3/2005


h-1 on 2006

labor filed 07/07 approved 10/08

exited us 10/2007
last entry to us 12/2007

140 filing 02/08 approved 07/11/08

I485 filing (going to be filed)

I have read the 245(k) as this

(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;


(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--


(A) failed to maintain, continuously, a lawful status;


(B) engaged in unauthorized employment; or


(C) otherwise violated the terms and conditions of the alien's admission.


How would the 245(k) apply on my case, are all the unauthorized employments (during my school year) prior to my last entry to US are covered on this rule, since I reentered last december 2007


thanks
 
245(k) has nothing to do with your employment. You were not employed in the US illegally since your last entry. So, even without 245(k) you do not have any problems.
 
Thanks for your reply.
Another worry I have is , did I accure any unlawful presence while the unauthorized work was performed or does it even matter.

INS Memo on Unlawful Presence -- September 19, 1997 says something about unlawful presence.
Event though my I-94 said D/S (during status) other voilation of non-immigration can prove my unlawful presence , if Immigration judge later finds it or USCIS finds it during any adjudication .
Question is if judge or uscis finds this voilation , when do those unlawful presence start, from the day I voilated or the day the judge or uscis finds it
 
raevsky said:
from the day the judge or uscis finds it, and only you are still unlawfully present on that day.
Click to expand...

Thank you again for your quick response.

I am currently on H-1b since my last entry , nothing voilated since then. So during the AOS stage, IO finds about the employment and even they find it , nothing would go against my AOS. since I will not be unlawfully present on that day.

Sole reason for asking all these questions are, should I list the employment history in the G-325A biographical form if I am covered under these USCIS rules and clauses then .

Thank you again
 
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