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245 k - Doubt

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  • 245 k - Doubt

    I was L1A visa for 3 yrs and my new application was denied. I have applyed for the extension before my I94 expires, but when the answer came my I94 was alreday expired 2 months. I imediatelly filed for I485 which is pending of answer. I want to know if :
    1- I am protected by the law 245K until complete 6 months since my I94 expired and if I can ask for a EAD to be able to work while I wait for the approval of my 485.
    2- In case of 485 negative and I leave the country before complete 6 months of my I94 expired I should have risk of ban or not...
    Tks

  • #2
    1. Yes you are upto 180 days before the I485 application since your last entry.

    2. Yes, you accumulate illegal presence and will be subject to the ban.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b
      1. Yes you are upto 180 days before the I485 application since your last entry.

      2. Yes, you accumulate illegal presence and will be subject to the ban.

      It is mean that the law 245 k protect me only to file for I485 but does not protect me to wait here up to 180 days since my I94 expire...

      In case I have approved my I485 I am still have risk to the ban or the law 245k should help me on it....

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