I-485 and working Illegeal!

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I came to US on student F1 visa - worked unauthorized 2 years off campus using my SSN and filed Tax returns. On completion of education i got OPT and after an year got my H1. Currently i am on H1 and about to file employment base status adjustment EB2 i-485 for green card process. I know if you file i485 based on asylum or marriage ( married to US citizen ) 180+ unauthorized work or illegal presence does not matter and is waived. BUT In employment base status adjustment (eb i485) application 180 days illegal work or illegal presence matters and 180+ days illegal work makes you ineligible to adjust status through employment. (fact: illegal work / presence is counted from YOUR LAST LAWFUL ENTRY IN US for 1485 purpose) Offcourse a way around this problem is to go abroad and re-enter US to reset the 180 days illegal work / count count. i have option to go abroad (canada/nepal) for H1 visa stampin and re-enter US to reset illegal work count for i485 purpose. Since my last entry in 2008, i have not left US. So since my last lawful entry i have done unauthorized work for more than 180 days. MY QUESTION -> Anyone in same situation got employment based i485 approval without leaving US with 180+ days illegal work since last US entry? i have not found any one in same situation sharing their story on any blog (with 180+ days unauthorize work since last stay, eb i485 approval). some re-entered and reseted illegal work clock or some did marriage or asylum based i485 adjustment. so if anyone have a similar story please help. hopefuly this thread will help future candidates too, in similar situation too. any experienced suggestions are also welcomed. thanks.

ck03682 · Mar 9, 2014 9:53 AM · 30,290 views

5 Replies

@Kina_Kina bro: There is nothing to worry about. I came to US in F-1 visa and worked more than 60 hrs a week during Summer times. I paid my tax like anyone else and I got my GC easily without any problem. So, chill out and prepare yourself for the interview. Everything will be fine. Best Wishes, RM

Ramailo manche · Mar 9, 2014 10:01 AM

@Ramailo manche was your adjustment through EMPLOYMENT - since that employment did you exit and re-enter US. Congratulations on GC !!

ck03682 · Mar 11, 2014 1:32 PM

@true was your GC employment based ? all that work was done usin SS n tax were filed ? did you re-enter US since that work ?

ck03682 · Mar 11, 2014 1:56 PM

hello CK03682, How did your application for i-485 go? please share your experience..thanks

bharat123 · Jan 10, 2016 8:22 PM

@Thapap:I have quick question;"Now labor is getting clear in as fast as 2 weeks" can you please educate me.they are changing the process/duration for the perm? You have any source?I cross my fingers for this gonna happen.

granite · Jan 11, 2016 9:14 AM

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I-485 and working Illegeal!

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