Unauthorized work and green card application. Pls help!!!

mickmack

Registered Users (C)
Hi,

I've been on H1B as a civil engineer for a couple of years. I’ve recently got an approved EB2 labor certificate and now would like to move on to the next step of filing I-140.

Yet, while I was on H1B, I sometimes did some odd jobs such as drawing and art decorations (just for a couple of days a year) to help out a friend who started his own business, and received forms MISC-1099 for 2 or 3 years. I reported this type of income on my personal tax return each year I received a MISC-1099.

Now my questions are:

1. Did I violate non-immigration law by what is called “unauthorized work”? And if yes, does it also mean that because I have worked without authorization, I have fallen out of status for all of the years?

2. If yes, then how will it affect my green card application in each of the following case:
a. Adjustment of Status (filing I485)
b. Consular Processing

3. Some people told me that I can only go for consular processing and not adjustment of status. Is that true? If I go for consular processing, what are the possible problems that I should be aware of? Will it be more difficult than adjustment of status?

4. And what will happen if I apply for adjustment of status (visa number for my country, Spain, is now current)?

5. Could anybody let me know what I should do now?
 
If INS ask for your previous W2's or tax returns then they may figure out that you were out of status by violation non-immigration status by unauthorised working. If they dont ask your tax returns and they do not know about your situation then you can file I-485 but if htey ask for your tax returns any time then Consular processing is the only option. And you should not have any problem with CP.
 
Thank you very much for your reply, LaborCleared. You said that I should not have any problem with CP. Could you elaborate more about it? Do you mean that CP never requires you to show your tax returns?

By the way, if anybody has experience with CP and know what kind of documents and/or questions to prepare, could you please share it with me? Thanks a lot.
 
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