same_old_guy
07-09 04:38 PM
newbee7 is right.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
wallpaper United States#39; Bryan Clay
coopheal
05-07 04:41 PM
What is the next step? Do I need to follow up with another letter?
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
abhijitp
07-03 02:54 PM
Total until now: $200
2011 Bryan Clay, the winner of the
stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
more...
485Mbe4001
07-28 06:09 PM
i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
ItIsNotFunny
10-20 01:20 PM
How stupid can someone be to give me a red for my previous post.
Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.
I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.
Gave you green to keep ourselves up :)
I also has similar issue. People putting red dots with no messages "." or saying "You Suck".
One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.
One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!
Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.
I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.
Gave you green to keep ourselves up :)
I also has similar issue. People putting red dots with no messages "." or saying "You Suck".
One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.
One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!
more...
abhishek101
12-27 12:14 PM
Just to clarify on all the confusion:
If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.
For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.
I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.
But I do have a valid visa on my passport.
About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.
Singapore does not require any visa.
No visa for Germany, Middleeast and most of the East Asian stops.
If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.
For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.
I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.
But I do have a valid visa on my passport.
About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.
Singapore does not require any visa.
No visa for Germany, Middleeast and most of the East Asian stops.
2010 The Bryan Clay cover and
va_il
12-27 01:53 PM
Munna Bhai
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
more...
sk2006
05-26 11:39 PM
I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time.
I 94 issued at POE must be attached to the passport all the times!
I 94 issued at POE must be attached to the passport all the times!
hair says Bryan Clay,
prioritydate
06-29 05:06 PM
I am really happy for all those people who got their GC :)
more...
ugotdude
11-21 11:03 AM
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
hot Bryan Clay is the first
onemorecame
10-15 01:18 PM
any one got approval after submitting recent RFE?
more...
house Bryan Clay at 2008 Olympic
chmur
10-20 12:54 AM
Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama
Our only agenda should be - who is more beneficial to EB community - that is clearly McCain...so Go Mccain. Rest is politics usual and hence frivolus atleast to EB community.
I am even surprised why something else should matter ...atleast for next 4 years.
None of us can vote but can play indirect role in this campaign - i.e $$ and time. Remember who is beneficial to your immediate problems.
Our only agenda should be - who is more beneficial to EB community - that is clearly McCain...so Go Mccain. Rest is politics usual and hence frivolus atleast to EB community.
I am even surprised why something else should matter ...atleast for next 4 years.
None of us can vote but can play indirect role in this campaign - i.e $$ and time. Remember who is beneficial to your immediate problems.
tattoo 2011 Bryan Clay Invitational
bestofall
07-30 12:13 PM
URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL
--------------------------------------------------------------------------------
House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
--------------------------------------------------------------------------------
House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
more...
pictures And congrats to Bryan Clay for
wait4ever
09-28 08:48 AM
I have worked in the EU for more than 6 years - it is a very tough place to work and live - I bet most people here wold not last very long in the EU environment - there is a clear segregation over there huge language issues, huge cultural barriers and serious acceptability hurdles.
All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.
Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.
The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.
Most people who say that EU is a great option are clueless about the real world.
"Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !
I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!
Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.
Enough Said.
All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.
Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.
The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.
Most people who say that EU is a great option are clueless about the real world.
"Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !
I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!
Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.
Enough Said.
dresses gold medalist Bryan Clay
desi3933
02-03 01:02 PM
Thanks desi3933, couple more questions...
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 pay stubs from this year?
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 pay stubs from this year?
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
makeup Bryan Clay throws 53.79m,
anurakt
12-26 09:01 AM
I agree with this, we should also crate a section in craiglist for our area and put it....It's free and people do look at the postings....
Craiglist is one of the best websites for local promotions.
??
Craiglist is one of the best websites for local promotions.
??
girlfriend Gallery | ryan clay
gc_wow
02-12 03:52 PM
No one cares about our plight.We are like new Jews in America.No matter what for no reason every one hates us for what we are.
hairstyles USA#39;s Bryan Clay takes the
Libra
10-17 09:53 AM
bump
chanduv23
09-28 09:59 AM
The topic is to discuss the pros and cons. Thanks for all your excellent perspectives. Lets keep this discussion going.
It is very obvious that America is still the best place in the world.
300k green card petitions in July itself says how much people want to be here.
But when it comes to supporting our cause, many people just back out.
I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going
It is very obvious that America is still the best place in the world.
300k green card petitions in July itself says how much people want to be here.
But when it comes to supporting our cause, many people just back out.
I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going
logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
