There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
Does section 245(k) protect me if I apply for EB-5 while out of status?
Section 245(k) allows up to 180 days out of status for EB-1, EB-2, and EB-3, but may not apply to other situations. Even one day out of status can cause ineligibility. Avoid withdrawing pending applications as it may raise red flags.
Published by: Financial Express - April 24, 2026
https://www.financialexpress.com/immigration/trumps-green-card-review-e…
Quotes and Excerpts from Rajiv in the article:
FAQs: What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff || F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes || H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94
Release Date
06/17/2025
DALLAS — U.S. Citizenship and Immigration Services played a key role in supporting a federal investigation that resulted in the indictment of two Texas residents for their alleged involvement in a large-scale immigration fraud scheme.
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
Discussion Topics:
FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment
FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485