Working on an Expired Employment Authorization Card

[progress is a must]

Hello Everyone
1.Can i adjust status after working on an expired employment authorization card that took long to be renewed due to the covid 19 pandemic? My card expired in February 2021 but my employer did not stop me from working. I worked for one full year without the card. I filed for my taxes and i have never been out of status.

2. In my DS260 i included my husband however he cannot adjust status with us and i had already sent the Diversity Visa fee including his. How best can i address this situation ? Whom do i inform that he will adjust status in future and just not now.

Thank you for this platform

 

[newacct]

1. What kind of EAD did you have? For certain types of EADs, you are allowed to work for 180 days after EAD expiration while a renewal of the EAD is pending, but I guess that wouldn't matter here since you worked more than 180 days after EAD expiration. The answer to your question is you are generally barred from AOS if you have ever worked illegally. There are some exceptions, e.g. the Immediate Relative category, but none of them apply to DV. So you would probably have to do Consular Processing abroad.
2. I don't think you need to inform anyone; he can just not file I-485 for AOS. For most categories of immigration, a derivative beneficiary can just file I-485 later if they are still eligible, or, if the principle beneficiary did AOS and the derivative beneficiary wants to do CP, the principal beneficiary can file I-824 to allow a derivative beneficiary to follow to join. The problem with DV is that the immigrant visa or AOS must be done by the end of the fiscal year that the DV was for. So there is probably not enough time for him to immigrate as a derivative beneficiary later if he doesn't immigrate together with you now, and you would have to petition him to immigrate later as the spouse of a permanent resident.

 

[progress is a must]

Hi Newacct
I am a spouse of a G1 so that is how i got an employment authorization card.

Thank you so much for your prompt response.