Unaithorized Work and green card through employment

[tammy2]

Here is good presentation of 245(K)

http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).pdf

 

[TheRealCanadian]

But in that case he is not doing any unauthorized work. Here in this he has even submitted tax returns from unauthorized employment.

Doing unauthorized work violates H status the same way no work does. Either way, it's still not illegal presence. The only way to accumulate illegal presence is to overstay an I-94 or a written notice from an Immigration Judge revoking existing status.

The whole point is that there's a formal determination of being out of status as of a certain date, in writing. Simply getting laid off doesn't count for illegal presence (however it does for 245k relief and other issues).