245(K) /AOS/H1B quetsion

[Participant]

One of my friend,recently had Filed for I140/485 -EB3. with his present employer.
He is currently on H1B with his present employer.
Before joining this employer(Changing his H1B) there was an 130 days of period gap between the old and new employer.
He has valid visas,I-94 all through.
The only issue was his old employer served him a letter at that time and it was treated as internal matter only and not informed to any .Hence no pay for the gap.or will not be able to show continuity of service.

it may not be an issue for AOS and if it is , can he take shelter under 245(K) which allows 180 days period,if questioned?
Any inputs are apprecaited.

 

[TheRealCanadian]

Originally posted by Participant
it may not be an issue for AOS and if it is , can he take shelter under 245(K) which allows 180 days period,if questioned?
Any inputs are apprecaited.

It will be an issue if discovered, but he is covered under 245k.

 

[Participant]

thanks for the reply.
Some where the term 120 days period clock is heard(I am not sure about the term).Does it relates to this issue or nothing to do with this.

 

[TheRealCanadian]

Originally posted by Participant
Some where the term 120 days period clock is heard(I am not sure about the term).Does it relates to this issue or nothing to do with this.

No, 245k has a 180 day limit to it. I don't know if that's cumulative like illegal presence, or merely between the last entry to the US and the I-485 filing. Either way, you're OK now.