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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