| Q. |
245(k) and unauthorized employment
how 245(k) will apply here?
Timeline:
I entered USA on 1997 on f-1 visa
(3 to 4 semesters of unauthorized work)
completed by bachelors on Dec2003,
(some unauthorized employment)
joined masters on 2004
exit us on 1/2005
entry to us 3/2005 in F-1
changed H-1B on 12/2006
labor filed 7/2007 approved 10/2008
exited us 10/2007
last entry to us 12/2007 on (new H-1 stamping)
140 filing 2/2008 approved 7/2008
I485 filing (employment based) (going to be filed).
How 245(k) will apply here, does 245(k) forgive any past unauthorized work/past unlawful presence INA 245(c)(2)(7) and (8) . I have read 245(k) will render bar to 245(c)(2)(7) and (8) if alien has not maintained his status for less that 180 days from last entry. How this would be intepreted in my case.
Thanks
User's Location:
pittsburgh, Pennsylvania, United States of America
Category:
Employment-based Green Card
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| A. |
Sounds like it will not have to be applied since you have re-entered and have not worked without authorization since then, is that correct?
If you have maintained status since last entry, and not worked without auth, you will not have to use 245K |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks for your reply.
Another worry I have is , did I accure any unlawful presence while the unauthorized work was performed or does it even matter.
INS Memo on Unlawful Presence -- September 19, 1997 says something about unlawful presence.
Event though my I-94 said D/S (during status) other voilation of non-immigrant status , such as ming can prove my unlawful presence , if Immigration judge later finds it or USCIS finds it during any adjudication .
Question is if judge or uscis finds this voilation , when do those unlawful presence start, from the day I voilated or the day the judge or uscis finds it |
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| A. |
It is possible that they will call a violation of a visa unlawful presence from the time of the violation. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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