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  • Unauthorized Employment While on H1-B

    Hello,

    I have been in the USA for 2 years on an H1-B visa. Over the last 10 months, I have engaged in unauthorized employment. I continue to work for my original H1-B petitioner, but I have also been working on the side on a 1099 basis.

    I have worked a few days a month for the past 10 months as a 1099 sub contractor.

    I have taken a new job in a new state. The new job is sponsoring a new H1-B for me and will sponsor a green card on my first day of employment. My new H1-B was recently filed (with premium processing).

    Here are my questions:

    1. Will my new H1-B visa petition be rejected?

    2. Is there anyway that USCIS will not find out I have violated the terms of my first H1-B?

    3. If my U.S. citizen fiance I had a court marriage done, and he submits an I-130 and I-485 (along with a 1-785), could this solve the problem? Could I work using my EAD status, if granted?

    4. Is there any way to remedy the situation? Is this a common violation? Will I be deported and barred from entry because of it?

    I know I need to seek the help of a good immigration attorney. I will do that. In the meantime, Im asking for advice from anyone on this forum. What am I to do? Did I screw myself over royally?

    Your responses are appreciated greatly!!

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