theVISAGeek™ An immigration law publication by Lipson & Pretorius LLP
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Maintenance of Status
Ann Lipson Partner
Three tips – applying for an employment-based green card: Maintenance of Status
By statute and by policy memo USCIS can only evaluate whether you have maintained status from the date of your last valid legal entry until the filing of your adjustment of status in an employment-based green card context.
Failure to maintain status through unauthorized employment or the ending of a period of non-immigrant visa status at any time from the date of your last legal entry until the filing of the adjustment of status is excused up to 180 days.
USCIS is not allowed to count towards the 180 days any days where you failed to maintain status prior to your most recent entry.