USCIS的 Memorandum
中有段文字如下
3(d)(4)(C)(1)
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Notwithstanding, a properly filed adjustment of status application, in and of itself, does not accord lawful status or cure any violation of a nonimmigrant visa. For example, if an alien applied for adjustment of status three days prior to the expiration of his or her nonimmigrant status and the adjustment of status application was eventually denied, the alien will not be considered to be in lawful status after the expiration of the nonimmigrant status. Consequently, if the same alien files a second application for adjustment of status, the period after which the nonimmigrant status expired and during which the first adjustment of status application was pending counts against the 180-day period when considering eligibility for relief under 245(k) in the adjudication of the second adjustment of status application.
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上麵提到的第二個I-485的遞交發生在I-94過期之後，隻要過期不超180天，仍然受245(k)寬恕.。
http://www.murthy.com/adjsta.html
中
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Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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請注意，上麵用的是has been 至今，也就是當前。
再看看
http://www.ilw.com/articles/2008,0826-mehta.shtm
中
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The filing of an adjustment of status application will stop the 180-day counting period. For instance, if an individual overstayed the B-1 visa status by 170 days and files an adjustment of status application on the 170 th day, the filing of that adjustment application stops the status violation provided the alien does not continue working after the filing of the adjustment application and before the receipt of the EAD.
The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status. If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days. It is assumed that there is an underlying EB-1, EB-2, EB-3 or EB-4 (Religious Worker) petition, which provides the basis for the new I-485 application.
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上段遞交I-485是在B-1過期之後的第170天。下段遞交第二個I-485也是在H-1B過期之後。
這與您的
http://blog.wenxuecity.com/myblog/14332/201201/15892.html
談申請 I-485 的基本要求
5. 申請人當前身份必須合法
中對245(k)的理解是否矛盾？
