why 245(K) not allowed for family based

[hopeful005]

Hi guys
Can some one tell why 245 (k) not apply in family based 485 cases. i 485 clearly states that if you have unauthorized appointment then you are not eligilble for filing 485- however 245 (k) allows people to file if they have been less than 180 days of unauthorized employment if they are EB cases but not family based- Why?

Can you get 485 even if you are EB based but a parollee and not non immigrant.

 

[TheRealCanadian]

Can some one tell why 245 (k) not apply in family based 485 cases. Why?

Congress didn't want to extend that privilege to FB applicants. I suspect that they recognized that EB applicants would be working all the time, but that's just a guess.

Can you get 485 even if you are EB based but a parolee and not non immigrant.

What is the specific situation? You can certainly be approved if a parolee at the time of adjudication, but do you mean with unauthorized employment as a parolee?

 

[hopeful005]

Congress didn't want to extend that privilege to FB applicants. I suspect that they recognized that EB applicants would be working all the time, but that's just a guess.

I do not know about that- FB get a lot of benefits compared to EB category and kind of wondering why congress will not do that.


What is the specific situation? You can certainly be approved if a parolee at the time of adjudication, but do you mean with unauthorized employment as a parolee?

entered as H-1B , currently working on EAD based on FB AOS. h-1bexpired many months ago and 2 days gap in ead although during the two days of gap sitting at home with unpaid leave.
Thanks