NOID on 485

J

jun23

Registered Users (C)
My 485 got denied and eventually reopenned.
During the denial period I continued working on my expired I-765.

I received a NOID states that I exceeded the 180 days(245 k) by 8 days.

Will they reconsider my having to work without authorization due to their fault in denying my 485 in the first place.

Appreciate your replies
 
245(k) applies to unauthorized work before I-485 filing since your last inspected entry. That would have exceeded more than 180 days unless you have proof that there was no out of status between your last legal entry before I-485 filing and I-485 receipt date.

Does your new NOID ask you proof for authorized work during the period between I-485 denial and it reinstatement? That is not clear from your post what is this NOID for?

As always 'fault' is always with the beneficiary. Ignorance of law and its violation thereof, is no excuse for its violation.
 
Yes of course. What do you mean reset?

My point is by filing I-485 your status changes to adjustment of status and INS doesn't usually ask again the employment history between I485 RD and the AD as the status now is pending adjudication. G325 is asked at the time of 485 filing and unless they ask specifically for period beyond I-485 filing they won't know about the person's employment history. Opening of MTR should reinstate his status but still his unauthorized employment won't be known unless they ask for it.
 
June1506 said:
245(k) applies to unauthorized work before I-485 filing since your last inspected entry. That would have exceeded more than 180 days unless you have proof that there was no out of status between your last legal entry before I-485 filing and I-485 receipt date.

Does your new NOID ask you proof for authorized work during the period between I-485 denial and it reinstatement? That is not clear from your post what is this NOID for?

As always 'fault' is always with the beneficiary. Ignorance of law and its violation thereof, is no excuse for its violation.
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My NOID is for the following:
1. out of status after my I94 expired before first 485 filing (29 days)
2. Denial of first 485 and filing of second 485 (29 days)
3. Work without authorization after denial of second 485 filing(130 days)
Total(188 days) > 180 days (245k)

The NOID was for the RFEs that was sent earlier(i.e. EADs, 485 filing)
To simplify my question, I was not able to renew my EAD connected to the second 485 because my lawyer said that it was on appeal and would surely be denied. However, after they re-openned the case, I got a new EAD.

So, by this USCIS motion, previous violations are forgiven since it was their fault to deny my second 485 in the first place and not get an EAD?

Thanks again.
 
jun23 said:
So, by this USCIS motion, previous violations are forgiven since it was their fault to deny my second 485 in the first place and not get an EAD?

Thanks again.
Click to expand...

So they send you an RFE about the employment history and you had show your employment even during the period between your first 485 denial and its restoration, right?

Did you not have your valid H1 or L1 during this period? Even if you have not worked, your total out of status period should not be more than 180 days. After they opened your MTR your status is reinstated. But since you worked without an EAD, it is unauthorized even if you have a valid status. But you are ok if you have a valid H1 for the employer you worked.
 
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June1506 said:
So they send you an RFE about the employment history and you had show your employment even during the period between your first 485 denial and its restoration, right?
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That's exactly my point. USCIS counts all days including AOS stage for out of status and unauthorized employment.
 
June1506 said:
So they send you an RFE about the employment history and you had show your employment even during the period between your first 485 denial and its restoration, right?
Click to expand...

Right.

June1506 said:
Did you not have your valid H1 or L1 during this period? Even if you have not worked, your total out of status period should not be more than 180 days. After they opened your MTR your status is reinstated. But since you worked without an EAD, it is unauthorized even if you have a valid status. But you are ok if you have a valid H1 for the employer you worked.
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No. I was on B2 visa on my I94
 
June1506 said:
B2? You cannot even work on B2. Which category did you apply? Eb or Family based.
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I am a derivative of my spouse on EB3 category. We came as tourists and got employer to petition my spouse, so we can only work on our EADs.
 
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