Hey guys,

When we come to US as student, we have to work to support ourselves even though we are not allowed to work and we all do. But, I heard that one of the denial reason for I-485 is "worked illegally for more than 180 days." Any of you worked while you were student (for more than 180 days paying taxes meaning they have a record of you working) and got I-485 approved? Is this a big deal or just mumbo-jumbo?

Experienced one please shed some lights on it.

Don't worry Kina (why?), if that was the case, then I bet about 95% of the former international students (current GC holders), would have been denied GC.

P.S. If you did not work illegally while in F1 status, then you are included in the remaining 5%.

Thanks for the assurance!

issue here is not about whether you worked illegally (O: or not. i am sure even 99% of students worked while in F1 status.

now, when you file 485 i believe you have to submit last 2 years tax return.
and if that includes your income i.e. check taken from employment that was unauthorized you might be in problem.

but once again if your tax return does not include any of those income. u r safe. not a problem

=======================================================
as always
what do i know (O:

I think one could be in a problem if the illegal work (recorded in W2) was done on recent past dating back to 2-3 years. But even then you are most likely safe if you have not done it for 180 days or more. My personal feeling is that USCIS doesnt give much of a fuss about this as long as it is not done very recently though the rule says otherwise. I am yet to see or hear about anyone who was denied because of this reason.

one more reason this is coming up now is because of the labor being processed faster.

if we go back before PERM is/was implemented/enforced .. labor took more than year or even 2 years.. (state and regional) .. and by that time all record of illegal work in W2 would not be in the submitted tax return hence it was never a problem.

now since labor is getting cleared in as fast as 2 weeks.... it might b more relevant, common and wide spread now.

Very insightful thinking!

I don't know much about it but in my case I worked on F1 for over 5 years and still got my GC without any problem.

this has been a concern too me too, but from what i have heard is that it doesn't matter if you worked illegaly and you applied for greencard through marriage but under employment based greencard it could be a problem, what surprises me is that there are hardly any people who are sharing this information because i think it is a common problem. either it's not a big deal or interviewers are looking more into criminal behaviours. so true did you apply greencard through employment or marriage.

True, yeh that would be helpful!

You will be fine.

Do not document any w/o work permit work on work history column on G 325A form.

Also, if you have a fresh I-94, all goes null and void.

Good luck!

-B

I came to US on student F1 visa - worked unauthorized 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 i485 based on asylum or marriage ( married to US citizen ) 180+ unauthorized work or illegal presence does not matter and is waived.

BUT

In employment base status adjustment (eb i485) application 180 days illegal work or illegal presence matters and 180+ days illegal work makes you ineligible to adjust status through employment.

(fact: illegal work / presence is counted from YOUR LAST LAWFUL ENTRY IN US for 1485 purpose)

Offcourse a way around this problem is to go abroad and re-enter US to reset the 180 days illegal work / count count.

i have option to go abroad (canada/nepal) for H1 visa stampin and re-enter US to reset illegal work count for i485 purpose. Since my last entry in 2008, i have not left US. So since my last lawful entry i have done unauthorized work for more than 180 days. 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, eb i485 approval). some re-entered and reseted illegal work clock or some did marriage or asylum based i485 adjustment.

so if anyone have a similar story please help.

hopefuly this thread will help future candidates too, in similar situation too.

any experienced suggestions are also welcomed.

thanks.

@Kina_Kina bro:
There is nothing to worry about. I came to US in F-1 visa and worked more than 60 hrs a week during Summer times. I paid my tax like anyone else and I got my GC easily without any problem. So, chill out and prepare yourself for the interview. Everything will be fine.

Best Wishes,
RM

@Ramailo manche

was your adjustment through EMPLOYMENT - since that employment did you exit and re-enter US. Congratulations on GC !!

@true

was your GC employment based ? all that work was done usin SS n tax were filed ? did you re-enter US since that work ?

hello CK03682,
How did your application for i-485 go? please share your experience..thanks

@Thapap:I have quick question;"Now labor is getting clear in as fast as 2 weeks" can you please educate me.they are changing the process/duration for the perm? You have any source?I cross my fingers for this gonna happen.