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

[immiq]

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

UN Guy: …USCIS officially stated that the six months resets upon exit and re-entry. That is if you have accrued 178 days of unauthorized work and you leave and re-enter then the clock starts from 0 again.

Q: 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?

Tammy2: Yes. It clearly says “subsequent to the alien's last admission under which she is presently in the United States."

Follow-up: 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.

Do not be misled by two repliers.

 

[saffronizeddesi]

Not a clear response from murthy

Besides asking questions, why don't you do the research and give your answer/opinion.

Better yet, spend the $300 and call murthy, khanna or matthew oh and see what they say and then report back.

Unitednations, I had a gap of 5 days between my EAD and spent $250 to talk to Murty about my case but never got a clear response from her. Here's my case

EB3, I485 pending, working on EAD. Travelled abroad using advance parole then filed EAD renewal. Unfortunately renewed EAD has a gap of 5 days. Since my most recent entry was using Advance Parole, what will happen to my case? Am I still covered under 245(k)?

Note: Advance Parle is not treated as an admission for re-entry?

 

[peaktovalley]

what about this link?

http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).pdf

I am sorry to hear that your lawyer is uncooperative. Once they get uncooperative, it is pretty difficult to reverse that (I had some indirect experence before and could not convince them). Keep presenting supporting documents. But be prepared to switch to another one.

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,

 

[peaktovalley]

Note: Advance Parle is not treated as an admission for re-entry?

in the document given at the link

http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).pdf

parole is excluded from lawful admission. I understand from this document that re-entering with parole does not reset the clock (if this is what you are asking for). So I guess you should count any days before and after re-entry toward 180 days.

 

[immiq]

Maybe you are being misled by the unitednations. The law never states that leave and re-enter after filing an adjustment of status can reset 180-day clock. It is unitednations' another invention. Do not be misled.

 

[woeijiun]

Straight from the horse's mouth

Here is the information straight from the USCIS site:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=baeb6daf5705c4f8629f8b6ea9f7c64d

Then scroll to section (K).

The clock resets upon re-entry. However, it does NOT reset after you begin the I-485 process, even if you exit and re-enter. This is because it uses the word "such":

"(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...etc."

The word "such" implies that your clock starts from specifically the re-entry that immediately precedes the 485 application. So, even if you exit the US after your 485 begins, the clock does NOT reset because when you re-enter, that re-entry will not fall under the specific re-entry described above. In other words, the re-entry that they're talking about is very specific - it's the one right before you start 485. The rule does not apply to any re-entry. Otherwise, it would be free lunch and there's no such thing as free lunch.

 

[woeijiun]

Link again

I see the link above did not come through. Here's the path:

USCIS.gov
Laws and Regulations
Immigration and Nationality Act
Scroll down to Chapter Five
ACT 245
Scroll down to Section (k)

Voila!