Help Desk:

I plan to file my I-485 application soon, after the I-130 approval filed by my U.S. citizen mother. 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?

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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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