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There Is a Gap between My Approved EAD and the My New Employment

Hi William,

My I-140 application in the EB1-Outstanding Researcher was approved 6 months ago. I filed the I-485 application and EAD thereafter. But then, I was laid off by my employer due to the economic and business problem, and found a work in a small company with a lower pay. There is a gap between my approved EAD and the new employment, do you think it will be a problem for my I-485 approval?


For the impact of the unauthorized employment during the EAD gap on the pending I-485 application, the I-485 applicants should keep in mind two points. First, 245(k) provision makes I-485 applicants still eligible for I-485 approval, if since last admission to the U.S. before filing of I-485 application, and they should have accumulated an aggregate of less than 180 days of unlawful stay or unauthorized employment, during the period either before or after filing of I-485 application. 

In calculating 180 days, they should aggregate both the days of unlawful stays and the days of unauthorized employment. Consequently, even if the unauthorized employment has lasted less than 180 days, the alien can be ineligible for I-485 application approval, if the total period of unlawful stay AND unauthorized employment add up to 180 days or longer.

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