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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #16  
Old 07-31-2008, 01:56 PM
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Originally Posted by Hassan11 View Post
does this provision 245 k protects ead holders (based on filed 485) who continue to work even after ead expires while waiting on the ead renewal ( new ead card to arrive)??

how does this apply to those people who work on ead when their ead renewal is delayed and current ead expires??

Thanks
The interim period of work during the expired EAD is illegal and so that time will be counted in the 180 day period.

Note that if EAD renewal takes longer than 90 days, it is their mistake and if that creates a problem, you can always show evidence and you should be OK.

Nothing to worry about.
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  #17  
Old 07-31-2008, 02:01 PM
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Originally Posted by kaisersose View Post
The interim period of work during the expired EAD is illegal and so that time will be counted in the 180 day period.
Correct. It is work without valid authorization and is covered by 245(k). However, it is better to avoid this and unpaid leave may be better option.

Quote:
Originally Posted by kaisersose View Post
Note that if EAD renewal takes longer than 90 days, it is their mistake and if that creates a problem, you can always show evidence and you should be OK.

Nothing to worry about.
Incorrect. A person is not authorized to work until he/she receives EAD whether EAD application has taken 10 days or 200 days.

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  #18  
Old 07-31-2008, 02:01 PM
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Quote:
Originally Posted by kaisersose View Post
The interim period of work during the expired EAD is illegal and so that time will be counted in the 180 day period.

Note that if EAD renewal takes longer than 90 days, it is their mistake and if that creates a problem, you can always show evidence and you should be OK.

Nothing to worry about.
Actually it is not ok not to worry in this case. Onus is on you at the end of the day. One should apply EAD 120 days in advance and if he doesnt get it in 90 days, you have 30 days to call USCIS and get it sorted or get interim EAD
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  #19  
Old 07-31-2008, 02:02 PM
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Default follow up question

do you mean that if the interim period of work during expired ead is less than 180 days then the 245 k provision covers us and we won't get in trouble with USCIS if we continue to work on expired ead and ead renewal processing takes less than 90 days ??? if we applied for ead renewal less than 90 days before ead expiration.

Thanks



Quote:
Originally Posted by kaisersose View Post
The interim period of work during the expired EAD is illegal and so that time will be counted in the 180 day period.

Note that if EAD renewal takes longer than 90 days, it is their mistake and if that creates a problem, you can always show evidence and you should be OK.

Nothing to worry about.
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  #20  
Old 08-01-2008, 01:43 AM
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I am using EAD based on 485, if 485 got rejected later, I am out of status and have to leave, those days in my AOS go to the 180 days, so it is easily over 180 days, when I apply other visa to go back, have to wait 3 years bar? Am I right?
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  #21  
Old 08-01-2008, 10:03 AM
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Default To Hassan11

245(k) would be appropriate in situations like you described, gaps between 2 EADs. However, aggregate gaps (status violation (visa expired) + unauthorized employment) should not be more than 180 days. This is nicely explained in the latest memo.

Hope this helps.
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  #22  
Old 08-01-2008, 10:12 AM
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Default To POPEYE08

You have said rejected but I think you mean denied because if 485 is not accepted you would not get EAD in the first place.

EAD is an ancillary benefit of filing I-485. For some reason, if 485 gets denied then the associated benefit is not deemed in violation (approvable at the time of filing) because this is not in your control. These gaps are pardoned. Check USCIS memos or other case histories (Murthy, Rajiv Khanna) or check with an attorney.

To the best of my knowledge, 3-year bar would not kick-in because it was beyond your control. A good attorney could help you, should such situation arise.

Hope this helps.
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  #23  
Old 08-01-2008, 04:07 PM
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Default Thank you Mahatma

Thanks

Quote:
Originally Posted by Mahatma View Post
245(k) would be appropriate in situations like you described, gaps between 2 EADs. However, aggregate gaps (status violation (visa expired) + unauthorized employment) should not be more than 180 days. This is nicely explained in the latest memo.

Hope this helps.
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  #24  
Old 08-13-2008, 04:19 PM
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IVBuzz is on a distinguished road
Default

Can you please clarify :
Should last lawful entry before applying labor or applying 485?
Thanks
Buzz
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  #25  
Old 08-13-2008, 04:33 PM
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Originally Posted by IVBuzz View Post
Can you please clarify :
Should last lawful entry before applying labor or applying 485?
Thanks
Buzz
It is last lawful entry in US before I-485 approval on any visa status. Using AP does not qualify for this.


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  #26  
Old 08-13-2008, 04:42 PM
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Default

Quote:
Originally Posted by desi3933 View Post
It is last lawful entry in US before I-485 approval on any visa status. Using AP does not qualify for this.


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thanks for the quick reply
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  #27  
Old 09-08-2008, 12:08 PM
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Default New 245(k) memo released --- with more clarifications Reply to Thread

My spouse entered on Parole on March 25,2008.She continue to work for same employer since october 2007 till date. She is maintaning H1B Status and never used EAD for work.Her I-94 Expires on March 25,2009. My I-140 and I-485 is denied on July 14,2008.I applied for spouse H1B Amendment on Sept 5th with USCIS on premium processing.Her current H1B expires oct 2010.


According to USCIS Memo, It states that in the event of I-485 Denial,since last entry using parole will be considered as Out Of status.Can you please answer whether my spouse is currently considred as Out Of Status according to memo?.
Link to Memorandum is
http://www.uscis.gov/files/nativedoc...k)_14Jul08.pdf
I am primary applicant,on H1B and starting new GC Application,NO MTR on old GC,filing new EB3 Labour.
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  #28  
Old 09-08-2008, 01:06 PM
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Originally Posted by vamsi10 View Post
My spouse entered on Parole on March 25,2008.She continue to work for same employer since october 2007 till date. She is maintaning H1B Status and never used EAD for work.Her I-94 Expires on March 25,2009. My I-140 and I-485 is denied on July 14,2008.I applied for spouse H1B Amendment on Sept 5th with USCIS on premium processing.Her current H1B expires oct 2010.


According to USCIS Memo, It states that in the event of I-485 Denial,since last entry using parole will be considered as Out Of status.Can you please answer whether my spouse is currently considred as Out Of Status according to memo?.
Link to Memorandum is
http://www.uscis.gov/files/nativedoc...k)_14Jul08.pdf
I am primary applicant,on H1B and starting new GC Application,NO MTR on old GC,filing new EB3 Labour.
Sorry, this is not my answer to your question but you would get better response if you start a new thread.
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  #29  
Old 09-08-2008, 03:23 PM
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Come on man. Put your hand on heart and say this. Minor visa violations are similar to speeding or other traffic violations. Most people here waiting for GC are staying for more than 7 years in that much time there are certain mistakes that people might commit sometimes knowingly and many times unknowingly. If some one is on F1 and is in deep financial trouble the only option is leave education incomplete and go back or try to work illegaly to fund the education ( is it a crime to study now if you dont have money? ) . In other cases consulting folks get off projects and takes them time to find another job (technically they are in status but in reality they are not) 245(k) is sympethetic approach by CIS to deal with such misdemeanor's. For Christ;s sake these guys are not criminals . The immigrations rules are so complex that there is very good chance people will commit mistakes unknowingly and you dont want to punish them as if they are criminals.

Quote:
Originally Posted by 485Mbe4001 View Post
As always USCIS follows the principle of rewarding the law breakers and punishing the the ones who follow the law. 245(i) had a token 1k fine, now that is also not required....great news indeed...
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  #30  
Old 09-21-2008, 05:52 PM
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Default section 245(a)

From the USCIS memo:

"(3) Application Process. An alien must properly file an adjustment of status application under section 245(a) in accordance with 8 CFR 245.2 and 103.2."


What is 245 (a)? Is this normal 485 filing or do we have to file it differently if you want to invoke 245(k)?

Please advice
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