What is section 245?

[RMS_V13]

Sorry posting to get some visibility..

As a derivative, I received my EAD. But Primary still in Initial Review. What is section 245 where up to 180 days of No work is forgiven etc? What if my husband's company could transfer him overseas to retain employment in that country? Will this gap in US payroll cause issues in Pending I 485?

Assume my husband leaves the country before the current EAD/AP expires and works in the other country till the new one is approved, can I get it to him once the EAD is approved and he returns to the US with the renewed EAD? Is that possible

Thanks

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PLEASE BE CONSIDERATE TO THE WORK THAT MODERATORS HAVE TO DO AND POST in APPROPRIATE THREAD.
Regards
Q

[Spectator]

Sorry posting to get some visibility..

As a derivative, I received my EAD. But Primary still in Initial Review. What is section 245 where up to 180 days of No work is forgiven etc? What if my husband's company could transfer him overseas to retain employment in that country? Will this gap in US payroll cause issues in Pending I 485?

Assume my husband leaves the country before the current EAD/AP expires and works in the other country till the new one is approved, can I get it to him once the EAD is approved and he returns to the US with the renewed EAD? Is that possible

Thanks

-------------------
PLEASE BE CONSIDERATE TO THE WORK THAT MODERATORS HAVE TO DO AND POST in APPROPRIATE THREAD.
Regards
Q

RMS_V13,

Section 245(k) of the INA says:

(k) An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

(A) failed to maintain, continuously, a lawful status;

(B) engaged in unauthorized employment; or

(C) otherwise violated the terms and conditions of the alien's admission.

For your second question, the EAD part is irrelevant. It is the AP that matters.

USCIS:
(a) If a foreign national
(i) already possesses a valid, unexpired advance parole,
(ii) applies for a new advance parole while he/she is present in the U.S., and
(iii) then departs the U.S.,

the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession.

If the foreign national returns timely, abandonment of the pending advance parole application would not occur.

However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.

(b) Yes, we confirm that that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return because the foreign national has an 1-485 pending and is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3.

Your husband would have to return to the USA during the validity of his existing AP to collect the new one authorized during his absence. He cannot leave on one AP and return on the second, if the second was pending when he left.

Alternatively, if he has a valid AP when he departs or is in H1B status at the time he departs, he may return using a valid H1B visa.

I hope that answers your questions.

[RMS_V13]

Thanks Spectator.

I know you mentioned something earlier about the H1 B and we are following up with the lawyer, but again..if you could lay it out in simple terms that would be great! Sorry to be a pain ..
I hope you understand.

He has a valid I-129 expiring later this year. When he travels for work to Canada, can he just get a H1 B visa stamped there so that we do not have to deal with this AP thing?

I-129 is with the same company he is currently employed at, and the same that filed for AOS.

Does the comapny need to do something about his I-129 like refiling, letting INS know whatever etc or can he just fix an appt with the Consular office in Toronto and get it stamped?