245(i) question

[achawla]

If I don't tell my employer and continue to work on expired EAD while renewal comes, can section 245(i) be used to protect me later on incase sometime worst (denial) happens as my labor was filed before 30th april, 2001.

Please assist ASAP with any information.

 

[Bosko_Djurovski]

First of all, USCIS may approve your case without asking for EAD continuity. Second, even if they issue a status related RFE, you will be covered by 245(k) if your accumulated "out of status" and "unauthorized employment" time is shorter then 180 days. 245(k) is great since it is not limited by when you started your LCA or I-140, nor does it require $1,000 penalty.
If your accumulated "out of status" and "unauthorized employment" time is greater then 180 days you may get an NOID with an option to pay the $1000 fine to convert to 245(i).
The bottom line is that one way or the other you should be OK.

 

[TheRealCanadian]

If your accumulated "out of status" and "unauthorized employment" time is greater then 180 days you may get an NOID with an option to pay the $1000 fine to convert to 245(i).

Two issues.

First, 245i and 245k refer to eligibility to file for AOS, and only cover time before the adjustment is filed.

Second, what makes you assume that the original poster qualifies for 245i in the first place? Fewer and fewer folks these days do.

 

[Bosko_Djurovski]

I am not sure if an unlawfull presence time accumulation with respect to 245(k)(i) is limited to before AOS is filed or form the time of entering the US to adjudication. My impression was that the latter was true but it is quite possible that your interpretation happens to be correct.
As far as original posters eligibility for 245(i), the fact that the LCA was filed before April 30th, 2001, and assumption that the poster was present in the US on Dec 20th 2000, makes him/her eligible.