USCIS will require evidence of legal non-immigrant status when the I-485 is filed.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
It is usual practice for USCIS to have the complete immigration file for an alien be sent when an application is being reviewed. The alien's older files is now available on CD so it is not cumbersome for specifics to be reviewed by a USCIS officer. If you have concerns about something in your past immigration history, you should contact an experienced immigration attorney who can review your immigration history and provide a legal opinion. Good luck.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
After the I-140 is approved, and your "priority date" is current, the USCIS will consider your application for adjustment of status (I-485) (or, the Department of State will consider your application for an immigrant visa at a U.S. Embassy or Consulate abroad). During this final process in obtaining your green card, the government will determine whether you are "inadmissible". You may be inadmissible if you have committed a crime, or made a misrepresentation to obtain a visa, entry into the U.S., or another immigration benefit.
If there were irregularities in a previous H-1B petition, that could form a basis for inadmissibility. For example, if the H-1B job was fake, and you participated in the fraud, you could be inadmissibile (see, my article, "A Lie Can Exclude You From The United States Forever", at http://www.immilaw.com/Newsletters/2007%20January%20Lies%20and%20Waivers.htm). Normally, though, the H-1B petition is solely the employer's petition, so any irregularities -- such as violation of the employer's obligation to pay the required wage, or failing to obtain a Labor Condition Application for a particular work site -- may be the employer's responsibility only. The answer to this question depends very much on the exact facts involved, so it is best to retain an experienced attorney to determine whether a defect in a previous H-1B petition, or previous employment that is not authorized, makes you inadmissible.
This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.