How to count days of H1B status violation?

[whitepig]

I am on employment based H1B VISA, and working for the sponsoring employer all the time. During Aug 2010 to early Jan 2011 (5 months), I worked as a sole proprietor and got 1099 form. Now I know this was unauthorized employment and violated the H1B visa terms.

My question is: how many days are counted into the violation? Since I stopped that business on Jan 2011, is the violation 5 months. Or since the time of violation, I already lost my H1B status, and even after I stopped the business, working for the sponsoring employer is considered unauthorized employment? (I didn't leave and re-enter the US since April 2010).

I am asking this because if the violation is only 5 months, I think I am protected by section 245(k) for I-485 petition.

Thank you for your advice.

[shervin143]

The period during which you were not employed with the H1B sponsor but ran your own business willbe considered as unauthorized employment. You were also considered out of status during this period. Your best bet is to consult a good immigration attorney.

[whitepig]

As I said in the post, I am "working for the sponsoring employer all the time". There is no time that I am not employed with the H1B sponsor.

Any way, the thing I wanted to know was: when I stopped running my own business, was the violation stopped and I was back in status?

[shervin143]

If you never stopped working for your sponsoring employer, then you were never out of status. You just had some illegal income by running your own company. So your status is not an issue here. Just the money that you earned from the business is the issue. It is advisable that you take the help of an immigration attorney. Because when you are in H1B, your only source of income should be through your sponsoring employer.

As I said in the post, I am "working for the sponsoring employer all the time". There is no time that I am not employed with the H1B sponsor.

Any way, the thing I wanted to know was: when I stopped running my own business, was the violation stopped and I was back in status?