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I came to US on student F1 visa - did unauthorize employment 2 years off campus using my SSN and filed Tax returns. On completion of education i got OPT and after an year got my H1. Currently i am on H1 and about to file employment base status adjustment ( EB2 i-485 ) for green card process.
I know if you file asylum or US citizen marriage based i485 the 180+ unauthorized work or illegal presence rule since your last stay is waived - and you get i-485 approved regardless of your unauthorized stay or work no matter what. (thats how majority student gets sway with illegal jobs by either applying asylum or marrying Us citizen)
BUT
In employment base status adjustment (eb i485) application 180 days illegal work or illegal presence matters and 180+ days illegal work since your last lawful entry makes you ineligible to adjust status through employment.
(SINCE illegal work / presence is counted from YOUR LAST LAWFUL ENTRY IN US for i485 purpose)
Offcourse a way around this problem is to go abroad and re-enter US to reset the 180 days illegal work / count count. (thats also what many students who have worked on f1 before do, by re-entering US you reset your employment clock to zero)
i too have an option to go abroad for H1 visa stampin and re-enter US to reset illegal work count for i485 purpose. My last entry in US was in 2008, i have not left US since and my unauthorized work for more than 180 days is since on record. MY QUESTION -> Anyone in same situation got employment based i485 approval without leaving US with 180+ days illegal work since last US entry?
i have not found any one in same situation sharing their story on any blog (with 180+ days unauthorize work since last stay and getting eb i485 approval or denial based on these facts). All either re-entered and reseted illegal work clock or did marriage or asylum based i485 adjustment.
and how are the h1b stamping experiences for Neplease (i m STEM masters) will h1b stamping be easy. should i goto canada or nepal ? or should i just proceed with my i485 application without leaving country.
so if anyone have a similar story please help.
hopefuly this thread will help future candidates in similar situations. Since majority of Nepalese and other students too do off-campus jobs and then try to go for employment based i-485 adjustments.
any experienced suggestions are also welcomed.
thanks.
[ i will be getting immigration lawyers conseltation in upcomming weeks and will also UPDATE this post for future candidates help]
I know if you file asylum or US citizen marriage based i485 the 180+ unauthorized work or illegal presence rule since your last stay is waived - and you get i-485 approved regardless of your unauthorized stay or work no matter what. (thats how majority student gets sway with illegal jobs by either applying asylum or marrying Us citizen)
BUT
In employment base status adjustment (eb i485) application 180 days illegal work or illegal presence matters and 180+ days illegal work since your last lawful entry makes you ineligible to adjust status through employment.
(SINCE illegal work / presence is counted from YOUR LAST LAWFUL ENTRY IN US for i485 purpose)
Offcourse a way around this problem is to go abroad and re-enter US to reset the 180 days illegal work / count count. (thats also what many students who have worked on f1 before do, by re-entering US you reset your employment clock to zero)
i too have an option to go abroad for H1 visa stampin and re-enter US to reset illegal work count for i485 purpose. My last entry in US was in 2008, i have not left US since and my unauthorized work for more than 180 days is since on record. MY QUESTION -> Anyone in same situation got employment based i485 approval without leaving US with 180+ days illegal work since last US entry?
i have not found any one in same situation sharing their story on any blog (with 180+ days unauthorize work since last stay and getting eb i485 approval or denial based on these facts). All either re-entered and reseted illegal work clock or did marriage or asylum based i485 adjustment.
and how are the h1b stamping experiences for Neplease (i m STEM masters) will h1b stamping be easy. should i goto canada or nepal ? or should i just proceed with my i485 application without leaving country.
so if anyone have a similar story please help.
hopefuly this thread will help future candidates in similar situations. Since majority of Nepalese and other students too do off-campus jobs and then try to go for employment based i-485 adjustments.
any experienced suggestions are also welcomed.
thanks.
[ i will be getting immigration lawyers conseltation in upcomming weeks and will also UPDATE this post for future candidates help]
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