How to count days of H1B status violation?

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whitepig

New Member
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.
 
Last edited by a moderator:
You need to be working closely with an attorney on your filings. Illegal work has the potential for serious consequences. I sure hope you properly paid taxes!
 
Yes, I have paid applicable taxes for the 1099 form.
But my questions is how to count the days of H1B violation, as I asked in the post.
 
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