Does 245(k) cover unauthorized employment after filing I-485

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imwatcher123

Registered Users (C)
For example, if one continues to work after EAD expires and the EAD renewal is still pending, in other words, if one works during EAD gap and the gap is less than 180 days, would that be forgiven under 245(k)?
 
imwatcher123 said:
For example, if one continues to work after EAD expires and the EAD renewal is still pending, in other words, if one works during EAD gap and the gap is less than 180 days, would that be forgiven under 245(k)?
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Yes; but keep in mind that days before the I-485 was filed are counted in this aggregate total too. If you were out of status for 175 days before filing the I-485, you have only five days left.
 
Thanks realcanadian. The plain language in 245(k) seems to indicate it only applies to voilations that occured before I-485. Are you aware of any CIS memos that explicilty state that 245(k) also extends to periods after filing I-485
 
unitednations said:
There was also a very important discussion with aila and uscis in March 2005. USCIS officially stated that the six months resets upon exit and re-entry.

see page 2 of this pdf document

http://www.immigration.com/fromtheagency/Aila_Conf_2005.pdf
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I have been trying to search this document since yesterday but couldn't find one. can you PLEASE help me finding this document where USCIS officially stated this. I need this document very badly. thanks a lot.
 
UN, others:- can anyone help me finding out this USCIS document. My lawyer isn't so co-operative so I will have to do on my own. PLEASE HELP GUYS.
 
UN:- CAN YOU PLEASE SPARE A MOMENT FOR ME TO FIND THIS AND/OR ANY OFFICIAL USCIS DOC. STATING exit, re-entry clause. I am helpless from my attorney. I would highly appreciate your favor.

Thanks,
javaxmlsoapdev said:
UN, others:- can anyone help me finding out this USCIS document. My lawyer isn't so co-operative so I will have to do on my own. PLEASE HELP GUYS.
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NJ31may02 said:
I think this is definitely the document http://www.uscis.gov/lpBin/lpext.dl...?f=templates&fn=document-frame.htm#slb-act245

But I think this is the main page http://www.uscis.gov/lpBin/lpext.dl...-20?f=templates&fn=document-frame.htm#slb-act
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NJ31may02:- I appreciate your effort. I have gone thru this doc before. I am explicitly looking for a USCIS doc, where it satated that EXITING & RE-ENTERING USA resets 180 clock etc, which UnitedNations mentioned in one of earlier post of this thread. Can you or anyone else PLEASE HELP WITH FINDING THIS OFFICIAL DOCUMENT?? THANKS A LOT.
 
Yeah I am looking for it. Will post it as soon as I can. :o

javaxmlsoapdev said:
NJ31may02:- I appreciate your effort. I have gone thru this doc before. I am explicitly looking for a USCIS doc, where it satated that EXITING & RE-ENTERING USA resets 180 clock etc, which UnitedNations mentioned in one of earlier post of this thread. Can you or anyone else PLEASE HELP WITH FINDING THIS OFFICIAL DOCUMENT?? THANKS A LOT.
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unitednations said:
It is part of my policy of "disinformation".

Thanks for highlighting to others. :rolleyes:
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Do you know your finding is not an INS doc.? It has nothing to do that after filing I-485 “accrued 178 days of unauthorized work and you leave and re-enter then the clock starts from 0 again.” Where did you learn that?
 
http://www.shusterman.com/up99.html

17. For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which she is presently in the United States.
 
Does the 245(k) permit you “leave and re-enter then the clock (of unauthorized employment) starts from 0 again” after you filing I-485?
 
immiq said:
Does the 245(k) permit you “leave and re-enter then the clock (of unauthorized employment) starts from 0 again” after you filing I-485?
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Yes. It clearly says
" subsequent to the alien's last admission under which she is presently in the United States."
 
tammy2 said:
Yes. It clearly says
" subsequent to the alien's last admission under which she is presently in the United States."
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Assuming you have “accrued 178 days of unauthorized work” after filing I-485, and you leave and re-enter then the clock starts from 0 again.” So you can have another 178 days of unauthorized work record before you get your green card. How nice it is. Keep giving full play to your imagination.
 
immiq said:
Assuming you have “accrued 178 days of unauthorized work” after filing I-485, and you leave and re-enter then the clock starts from 0 again.” So you can have another 178 days of unauthorized work record before you get your green card. How nice it is. Keep giving full play to your imagination.
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NO I did not you read properly on the top. Once you apply I-485 You are not any status. Pending AOS is not in any status. It is just authorization to stay by Attorney General. So 245(K) cannot be used after filing I-485.
 
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unitednations said:
To apply for I-485 as EB applicant, you cannot have worked for more then 180 days without authorization from your last admission.

To get the greencard approved; you could not have worked without authorization for more then 180 days from the date of last admission.

Therefore, 245k also has application up until the time greencard gets approved.

If you have time between EAD's and no h-1 and you leave and re-enter then it gets wiped out.
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Yes you are right.
http://www.murthy.com/bulletin.html
 
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