The grant of employment authorization, pending theapproval of adjustment of status to that of a Legal Permanent Resident (LPR) under 8 U.S.C. § 1255, does not confer admission status on an undocumented alien (one who enteredwithout inspection or authorization and has not otherwise been admitted) for purposes of calculating seven years of continuous residence under 8 U.S.C. § 1229b(a)(2). Employmentauthorization, under 8 C.F.R. § 274a.12(c), merely allowssuch alien the right to work while his or her application foradjustment of status is being adjudicated.
Read Court Decision – 08-72252 – 9th Circuit case – Guevara