Hi Jaxen,
can please check this out
http://www.immigration.com/faq/ead.html
it says in there" No. Once you filed for AOS there are no additional penalties that attached if you fail to maintain lawfull status by letting your nonimmigrant status expire, or accepting unauthorized employment. Your employer, however, can be penalized for employing with out permission". Can you please ask Mr. Khanna to clarify?
I also found this at
http://www.immigration.gov/lpBin/lp...ates&fn=document-frame.htm#slb-8cfrsec274a12.
(9) An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter. Except as provided in § § 245.13(j) and 245.15(n) of this chapter, employment authorization shall be granted in increments not exceeding one year during the period the application is pending (including any period when an administrative appeal or judicial review is pending) and shall expire on a specified date. For purposes of section 245(c)(8) of the Act, an alien will not be deemed to be an "unauthorized alien" as defined in section 274A(h)(3) of the Act while his or her properly filed Form I-485 application is pending final adjudication, if the alien has otherwise obtained permission from the Service pursuant to 8 CFR 274a.12 to engage in employment, or if the alien had been granted employment authorization prior to the filing of the adjustment application and such authorization does not expire during the pendency of the adjustment application. Upon meeting these conditions,
the adjustment applicant need not file an application for employment authorization to continue employment during the period described in the preceding sentence; (Amended 7/23/97; 62 FR 39417) (Amended effective 6/22/98; 63 FR 27823) (Amended effective 6/11/99; 64 FR 25756) (Amended 3/24/00; 65 FR 15835)
245(c) 1/ Other than an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv),(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1), subsection (a) shall not be applicable to (1) an alien crewman; (2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 212(d)(4)(C); (4) an alien (other than an immediate relative as defined in section 201(b)) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217; (5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S); (6) an alien who is deportable under section 237(a)(4)(B); 1a/ (7) 2/ any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or
(8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa.
274A (h)(3) Definition of unauthorized alien.-As used in this section, the term "unauthorized alien" means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General.
Thank you
(.