Mohit19880 Posted October 26, 2020 Report Share Posted October 26, 2020 Hello, I am derivative applicant my spouse is filing change of status for him and myself. While preparing documents for I-485 filing I recently became aware that unknowingly i worked without authorization for 30 days. I was working with a company on F1-OPT status and filed for H4 and H4 EAD concurrently when my OPT was about to end, My H4 got approved and my H4 EAD was approved a moth after my H4 meanwhile I continued to work during this transition phase. I am trying to get opinion is it really a violation: 1. Since I field my H4 and H4 EAD concurrently but my H4 EAD approval came 30 days after H4. Is it a violation to work while your H4 EAD is pending but your H4 is approved. When does F1 OPT EAD authorization ends, when H4 is approved? or when H4 EAD is approved? 2. If it is violation we will report such on filing however i am worried how USCIS will look into my case? Does that makes me inadmissible? Quote Link to comment
newacct Posted October 27, 2020 Report Share Posted October 27, 2020 Unauthorized employment doesn't cause an inadmissibility. There is a bar to AOS for unauthorized employment, but, if you guys are in an employment-based category, INA 245(k) applies, which means it doesn't affect your AOS as long as you have been out of status or working unauthorized for less than 180 days since your most recent admission. Quote Link to comment
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