Originally posted by Jim Mills
No gap in I-94 = no illegal presence = no overstay = no mandatory bar to reentry = no likely problem and no need for 245k or 245i. Failure to maintain proper status is NOT the same as illegal presence.
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A)As per:
http://murthy.com/arc_uds/UDpenout.html:
Penalty Fees Paid By Employment Based Applicants Out of Status for Less than 180 Days
On March 20, 1998, the Jacquelyn A. Bednarz, the Acting Assistant Commissioner of INS issued
a Memorandum clarifying the new section 245(k) of the Immigration and Nationality Act.
Section 245 (k) provides that certain adjustment of status applicants who were lawfully admitted to the United States and who are eligible to receive an employment based immigration visa in one of the first three employment based categories or as a religious worker, are now eligible to apply for adjustment of status without payment of the penalty fees; provided that subsequent to the admission to the U.S. such a person has not, **for an aggregate period of more than 180 days, **1)failed to continuously maintain a lawful status, engaged in unauthorized employment, or**2) otherwise violated the terms and conditions of their admission.
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B)As per:
http://uscis.gov/graphics/howdoi/h1b.htm:
What if the alien’s circumstances change?
**3)As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status
Must an H-1B alien be working at all times?
**4)As long as the employer/employee relationship exists, an H-1B alien is still in status.
An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive
without affecting his or her status.
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FROM ABOVE,
A)1) Mentions about fail to maintain 'lawful status'2)mentions about 'terms and conditions'.
An H1B is admitted under 'terms' he need to serve the employee sponsored continously to be in status.?
Does B)3) and 4) stipulates the terms.
Then if one is not in 'status'(Not providing services to the employer)for less or equal to 180 days,not sure whether it is tantamount to un'Lawful status'for 180days and 245(K) is not
attracted?
Any further thoughts,please.