Reentry based on an advance parole does not reset the clock for the purpose of 245(k). Such entries are not considered admissions as that term is used in immigration law. It is important to note, however, rather than permit up to 180 days for each type of violation, the USCIS interprets the 180-day period to refer to the total of all three types of violations combined.
The filing of an adjustment-of-status application does not, in and of itself, authorize employment. Thus, if a foreign national continues unauthorized employment, even after filing an application for AOS, s/he continues to accrue days of unauthorized employment. These days will be counted against the period of “forgiveness” granted by 245(k). For example, one has worked without authorization for 160 days prior to filing the I-485 will become ineligible for AOS if s/he continues to work without authorization for the next 20 days.
When determining whether a foreign national has exceeded the maximum time allowed (up to 180 days) for unauthorized employment or other lapse in status under Section 245(k), one cannot just count the number of days the individual actually worked without authorization. Instead, the USCIS will look at the existence of an employer-employee relationship. If such a relationship exists, the USCIS will count each and every day since the unauthorized employment began until it ended. This includes part-time days and non-working weekends and holidays. If an employee works four hours a day, five days a week for the month of April, all 30 days of the month – even weekends and holidays – will count toward the 180-day limit under current USCIS interpretation. It is the applicant’s burden to establish evidence of interruptions in unauthorized employment.