Some questions about the I-140

[Jamarco]

Hi folks,

Let me explain to you my situation here in the US:

I came here as a J-1 visa in last December to stay here until March, but I extended (or at least, I tried, because my status is still pending) for a B2 status until August.
My Social Security came with "Valid for work only with DHS authorization" but I am working for a company here in New Hampshire, this company is from a Brazilian who has the US Citizenship.
Do you guys know if I can apply for the green card thru the I-140 form and in what circunstances may I do that?

I have othe question too: May I apply for the EAD using the I-765? I really don't know much about these kind of things, so maybe you guys can help me.

thank you for all your help and with you guys need more information just ask.

PS: sorry if I posted this in the wrong question, it is my first topic in the forum, and sorry guys for my English too... it still terrible, lol

 

[nscagony]

You are facing several severe issues here. Tomorrow morning when you wake up and read this, go see an attorney immediately. First of all, you are out of status, and you have been out of status ever since you started working illegal without a work permit. The social security card is not a work permit, its just ... a social security card. Since you violated the terms of your J visa, your change of status to B is invalid. Worse, if your COS to B gets denied, you will be unlawfully present from whenever your I-94 expires, and you will be subject to deportation/re-entry bars. You are not eligible for EAD without filing for adjustment of status, which you can't because you are here illegally. In summary, you are in quite some trouble. Get an attorney and sort it out. Most likely you have to start with leaving the US immediately. If your job is eligible for employment-based GC sponsorship (advanced degree, special skills, etc) your employer can file a I-140 form and once thats approved you can do consular processing. Good luck.