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unauthorized employment (used ssn, filed taxes) while on F1 - now H1 - filing i-485

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  • unauthorized employment (used ssn, filed taxes) while on F1 - now H1 - filing i-485

    My father was financially supporting me before he died. After his death i did unauthorized emplyment on my F1 status using my social security number to pay for tuition. i got 1099 forms and i filed tax returns. I then got my OPT and two extensions (totaling 29 month). now i am on H1 and about to file for i-485 (AOS). On application G325 it asks for previous 5 year employment, that 5 year period includes my unauthorized employment. my question is

    1. should i wait one more year until that illegal employment exits that 5 year emplyment period history ? and then file i-485 - (that help? or 5year duration does not matter and it goes beyong 5 year period scrutiny) - OR

    2. should i leave country and re-enter on my H1 emplyment visa ? (that help?) - OR

    3. should i go for consular processing ?

    * in case of my first option, do i loose my labor certificate (LC) and i140? do i have to reapply both - or can i delay my i485 application somehow maintaining my LC and i140?

    - any person went through the same situation and still got their i485 approved or not?

    Any input will be helpful. Thanks in advance.

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