Question:
I plan to file my I-485
application soon, but my big worry now is that I had worked for my
employer about a month after my first H-1B expiration without renewing
it in time. Do you think this will be a problem for my I-485
application?
Answer:
If you continued to work for
an employer when your H-1B has expired and without an EAD, you are
still allowed to file an I-485 status-adjustment application and could
obtain an approval, if you have not worked without authorization for
over 180 days.
According to the Section 245(k) of the Immigration and Nationality Act,
the employment-based applicants can adjust their status to get Green
Card approval, if their employment period in U.S. without any USCIS or
Department of Labor authorization is less than 180 days.
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