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krish_011475

worked on expired EAD

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Hello,

I am in a real mess.

I worked on expired EAD for almost 4 months , actually forgot to apply on time.

Is there a way to clear up my mistake. Please advise me.

I heard that that USCIS has a rule called 245(k)/245(i) that will forgive the illegal unemployment.Is it true?

Thanks

Kris

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Section 245(k) of the Immigration and Nationality Act (INA) applies to employment-based I-485s. An I-485 can be filed and approved as long as the applicant has less than 180 days out of status/unauthorized emplohyment from the time of s/he was last admitted to the US prior to filing the I-485.

Section 245(i) of the INA applies to beneficiaries of immigrant petitions or labor certifications filed before April 30, 2001 and who were present in the United States on December 21, 2000. Applicants who are 245(i) eligible can file and have I-485s approved regardless of unauthorized employment.

If an I-485 applicant wishes to understand whether or how 245(k) or 245(i) applies to her/his case, s/he should consult with an experienced immigration lawyer. The Murthy Law Firm has knowledgeable and experienced lawyers ready to provide consultations and assistance with 245(k) and 245(i) issues.

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Unlike 245(i), there is no form/fee for requesting 245(k) "forgiveness." There should be an updated 245(k) article in the MurthyBulletin and on MurthyDotCom next week.

In many situations, we will use 245(k) without specifically mentioning it or asserting it in the I-485 filing. We consider it when we decide if a particular case is ok to file, but don't always specify that the case is being filed using 245(k). It depends upon the situation.

We often argue that a case is eligible under 245(k) if issues arise in a Request for Evidence (RFE) issued in connection with an I-485.

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Thanks for quick around.

So as I understand correctly, we don't need to apply/specify 245(k) while applying I485. If there is any RFE comes regarding any "status" related then we can respond that this case eligible for 245(k) provision. Is it true?

Thanks again,

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