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.