Jack, if you have a question, post a thread of your own instead of always asking on other people's thread.

Your question is unclear, elaborate also. Someone will probably know the answer to your question.

Thank you marie. Here is my question:
One is now in legal H1 status. But in the past, before she obtained H1 status, she has worked illegally for 3 years. Will her green card I-485 application (employment based) be rejected? Anyone with any opinion? marie?
thanks

i485 based on what? marriage? work?

Work.
Thanks.

Like TheBeta said on the other post, you probably are going to be denied.

Here is the eligibility info from the INS site:
http://www.ins.gov/graphics/howdoi/LPReligibility.htm

People who work without INS permission are not eligible to adjust their status unless they married a USC.

Like TheBeta said, get a good lawyer maybe they will know something we don't.

Jack, I have done some research on this. A friend of mine applied for Adjustment of Status after H-1.

He was denied because he had worked illegally while on F-1. Though it had been several years. I would suggest getting an excellent lawyer.

My friend on the other hand had a job in Canada and resettled there!

If she can't adjust by I-485, can she apply
through consular processing? Assuming that
her I-140 is already approved.
thanks
jack

The best thing would be to ask a lawyer, if there is another way.

Recieving wages that you are not entitled to is a serious offense, you will definitely have problems. I have had the same problems and am proceeded to be removed from this country. I on the other hand am married to US citizen and still having a lot of difficulty.

Lets just hope for the best for everyone!

there is this form Supplement A to Form I-485 Adjustment of Status Under section 245-I and employment without authorization fall into it. But then in order to be qualified to file for it you should be :
1. a beneficiary of a visa petition filed on or before January 14, 1998
2. a beneficiary of Visa petition filed on and after January 15, 1998
3. a beneficiary of an application for labor cert, filed on or before Jan. 14, 1998 and before April 30, 2001
4. a beneficiary of an application for labor cert filed on or after Januray 15, 1998 and on or before april 30, 2001 .....
check If you can apply for this, better a good lawyer.

goodluck

Can't she use provision in section 245(k) ?
thanks
jack

What do you mean by 245k?

I think section 245k is provision in the immigration law that allows certain people who have worked illegally to apply for AOS.

Those married to a USC.

If you have worked illegally and marry a USC you can still apply for AOS.

I disagree. I believe 245k can be used for employment based AOS under certain conditions.
Perhaps somebody here in this forum can tell
what the conditions are. I am certain that being married to USC is NOT one of them.

Yes under 245(k) you can file for AOS,even though
you have worked illegally as long as your current status is valid.
see this i found at murthy.com:Section 245(k)

Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.

A useful tip for those hoping to benefit from 245(i) or 245(k) : Keep a personal immigration file which should contain the originals and clean photocopies of documents. These documents should include all approval notices from the INS; receipt notices for INS applications and petitions; I-94 cards (latest original will probably be stapled into passport - keep photocopies of current and previous I-94s in the file); Forms I-20, IAP-66 (if applicable); pay stubs from current and prior U.S. employers and experience letters from prior (U.S. and overseas) employers indicating dates of work and the nature of the work; transcripts from all schools / colleges / universities attended; copy of current and prior employment cards; and any other documents that may be relevant.

The above documents are important to maintain for several purposes. First of all, some of these items may need to be included with an application or petition to change status or at the time of filing an extension of status with a different employer. Even more importantly, at the time of filing for adjustment of status it is necessary to show that the applicant has maintained valid legal status (subject to the 180 day period for employment-based cases under 245(k) and the exception for applications by immediate family members of U.S. citizens).

Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.

Although organization experts will advise you to trash documents that do not appear relevant in the immigration context, it is better to keep them in a file. For example, the fact that the receipt notice indicates one filed for change or extension of status prior to the expiration of his/her present status is sometimes the only proof one has not fallen out of status, even if INS takes several months to adjudicate a case. In such a case, the approval notice could be misleading so the receipt notice may come in handy. Every case is different

Look for yourself on the INS page then.

For the marriage based AOS:

"If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,"


In the ineligible category:

"You are employed in the United States without INS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:


You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).


Certain foreign medical graduates, international organization employees and family members.
"

Found on :
http://www.ins.gov/graphics/howdoi/LPReligibility.htm#j

That's actually for AOS application not just marriage AOS.

This person worked illegally for 3 years so that wouldn't work either Bugsy. Im trying to find that on the INS page.

Thanks Bugsy and Marie. I suppose the 180-day period is the key here. Is the number of days calculated from the first day of entry? She came here under B2 visa which was later on changed to H1-B status.

According to Bugsy, it's if she worked 180 days, which she worked 3 years.

I've looked on the INS site and haven't been able to find that. I've seen it on other sites. If someone can find this on the INS site, I would appreciate it.