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Case Stories
⏳ EB-3 Skilled Worker Pending - AOS with Prior Unauthorized Work History
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⏳ **Case Status: Pending**
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An individual filed EB-3 skilled worker AOS with a new employer after 5 months of unauthorized 1099 contractor work. The case raises questions about whether INA §245(k) relief applies to cure the unauthorized employment period during AOS adjudication.
Individual worked as a 1099 independent contractor for 5 months without work authorization, then obtained work authorization and subsequently filed an EB-3 skilled worker I-485 with a different employer. The central issue is whether the prior 5-month unauthorized employment period constitutes a bar to AOS eligibility under INA §245(a), or whether it falls within the §245(k) exception which forgives up to 180 days of unauthorized status or employment for employment-based adjustment applicants.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1tw7rku/unauthorized_work_for_5_months/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
INA §245(k) is a critical protection for EB-2/EB-3 AOS applicants: it forgives up to 180 days of unauthorized employment or status violations that occurred after the most recent lawful admission. Since 5 months (~150 days) falls under the 180-day threshold, §245(k) relief is likely applicable here — but only if there are no other §245(a) bars. Key factors USCIS will examine: (1) whether the unauthorized work was continuous or broken, (2) the applicant's overall immigration history, and (3) whether the I-485 was filed while maintaining current status. Cases with §245(k) issues often see RFEs requesting full employment history and explanation letters. Applicants in similar situations should document the gap period carefully and consult an immigration attorney before the I-485 interview.