Working without authorization is a problem, for an employment based I-140/I-485, regardless of whether it is before or after filing the I-485.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
I80 days unauthorized employment prior to filing the I-485 ... the nunc pro tunc might save you ... but it will probably boil down to someone at CIS in Nebraska (or wherever) making the decision.
Your lawyer sounds competent and is correct when he/she states there is a difference in when/how to count the 180 days.
I suggest that, even if you don't like the situation, you should continue to listen to him/her.
Plus, consular processing, in my mind, is cheaper and better than adjusting status.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Unauthorized work will damage your gc petition no matter when it happened. I would recommend you go outside the country- after getting an advance parole, getting the H1 stamped and returning. Otherwise apply for a EAD and do not work till you receive it. You can also consider appealing the H1 COS denial and proving extraordinary circumstances to get the H1 start date changed to an earlier date. The last is the what I would recommend.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.
It is a problem. If you worked without authorization over 180 days, generally, you are not eligible for adjusting your status in the U.S.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
Working while unauthorized can render you ineligible for an extension of your H-1B status and ineligible for adjustment of status is the violation exceeded 180 days. It generally does matter whether the violation occurred before or after the I-485 was filed.