Unauthorized employment mistake on 485

[wthdsc9 0]

How should unauthorized employment (on a H1B  then later a EB visa) be handled if it wasn't originally noted on the 485?

[SusieQQQ 11,586]

On what basis are you adjusting status?

[wthdsc9 0]

19 hours ago, SusieQQQ said:

On what basis are you adjusting status?

on an I-140

[SusieQQQ 11,586]

I was under the impression one was unable to adjust status if one had previously violated the status one is adjusting from, as you describe. (It's forgiven for an immediate relative I130, but that's not your case, and doesn't seem to be a problem for consular processing.)

[designguy 1,179]

This post is confusing. If you entered on an EB visa then you would have had your GC upon arrival and then there wouldnt be such thing as unauthorized employment. Also if you enter on EB then you don't adjust status

[wthdsc9 0]

56 minutes ago, SusieQQQ said:

I was under the impression one was unable to adjust status if one had previously violated the status one is adjusting from, as you describe. (It's forgiven for an immediate relative I130, but that's not your case, and doesn't seem to be a problem for consular processing.)

Sorry, no adjustment has taken place yet. Was wondering how to handle/discuss unauthorized employment during the adjustment phase. 

29 minutes ago, designguy said:

This post is confusing. If you entered on an EB visa then you would have had your GC upon arrival and then there wouldnt be such thing as unauthorized employment. Also if you enter on EB then you don't adjust status

No, entered as H1B.

[designguy 1,179]

Based on INA 245(c)(2) and INA 245(c)(8) you are not eligible to adjust status if you have ever engaged in unauthorized work. You will need to leave and go through consular processing

 

Quote

With certain exceptions, an alien is barred from adjusting status if:

• He or she continues in or accepts unauthorized employment prior to filing an application for adjustment of status; ^[1] or

• He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application. ^[2] 

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

Edited January 16, 2020 by designguy

[SusieQQQ 11,586]

51 minutes ago, designguy said:

Based on INA 245(c)(2) and INA 245(c)(8) you are not eligible to adjust status if you have ever engaged in unauthorized work. You will need to leave and go through consular processing

 

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

That’s what I thought, thanks for finding the reference.

[SusieQQQ 11,586]

1 hour ago, wthdsc9 said:

Sorry, no adjustment has taken place yet. Was wondering how to handle/discuss unauthorized employment during the adjustment phase. 

No, entered as H1B.

As Designguy references above, there can be no adjustment phase because of it, you will need to process the i140 through consular processing.

[wthdsc9 0]

22 minutes ago, SusieQQQ said:

As Designguy references above, there can be no adjustment phase because of it, you will need to process the i140 through consular processing.

Can 245(k) be applicable in this situation?

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

[designguy 1,179]

11 minutes ago, wthdsc9 said:

Can 245(k) be applicable in this situation?

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

How long was your unauthorized work?

 

Which eb category are you? Please fill in your timeline

Edited January 16, 2020 by designguy

[wthdsc9 0]

5 minutes ago, designguy said:

How long was your unauthorized work

I'm curious about a hypothetical situation where it's less than 180 days since last entry but more than 180 since the start of a H1B

[SusieQQQ 11,586]

No-one here has time to mess around with “hypothetical” situations. This forum is anonymous so people can be honest about their situations. Post what you need to know or stop wasting people’s time.

[wthdsc9 0]

2 hours ago, SusieQQQ said:

No-one here has time to mess around with “hypothetical” situations. This forum is anonymous so people can be honest about their situations. Post what you need to know or stop wasting people’s time.

Understood. I'm looking to know the ramifications for the specific situation where unauthorized employment occurred for less than 180 days since last entry but more than 180 since the start of a H1B. AOS submitted on I-140/EB2.