I came to the U.S. in '05 under a TN visa. In '07 my immigration attorney advised me that it was a good time to adjust status to permanent residency. I paid him to do so and completed the medical requirements, biometrics, etc. I asked him what I needed to do for my EAD and he replied "nothing, your status is pending and you're legal". This past May I was denied adjustment by Nebraska Uscis because I had been working unauthorized since May'08. I confronted my attorney who filed the I-485 package. I learned (through other attorneys) that he did not file the I-765 and I was supposed to get a temporary EAD until my GC was processed. He had no receipt of an I-765. I checked my electronic files and have a scanned copy of the filled out signed and dated I-765. No call ever from him that his tickle system advised of no EAD!!? My I-140 has been approved. Concern now about processing the GC in Canada. Am I accrueing penalty time (possible 3 year wait for GC processing) by continuing to work and live in the U.S. even though I have not been ordered to leave? Have been advised differently by two different attorneys. Have been told that I have accrued penalty time and the other says I only accrue penalty time by illegal presence and that is only counted after a deport order is issued and I stay beyond the voluntary leave time. Please help advise so I can do the right thing. Thanks in advance.