I need immediate help on my current situation. I've got my I-140 approved and submitted my I-485 in June 2007. However, my H1B was expired on Oct 1, 2007, and I haven't noticed it and continued to work until early November. When both I and my company discovered the situation in November, I stopped working immediately. The company is now helping me to apply EAD and AP trying to remedy it, and I will resume working once the EAD application is approved. My questions are:
(1) I worked and got paid in October when my H1B visa was expired. Although this is not intentional, it might still be illegal. If so, how should I do to remedy it? Is that illegal work going to jeopardize my I-485 application?
(2) Does the gap between the date the H1B was expired and the day I resume to work will jeopardize my I-485 application? My application is EB2 employment-based. If so, is there any other way to remedy it? If it is hard to compensate, should I re-file my green card application using other category, like, NIW or EB1?
Thank you very much.