Possibility of H4 with unauthorized unemployment on F1?

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new_member0999

New Member
Hello,
One of my friends is currently on F1 visa and have worked for almost 11 months under the table paid in cash (no contract or ssn is linked). She is getting married now to an H1B (I-140 approved) visa holder and wants to change her status to H4 and later be a dependent on his green card application.

She talked to an immigration lawyer and the lawyer suggested that she should go back to home country and apply for H4 visa there. In the DS-160 which asks about "have you ever violated your U.S. visa status" say yes and explain her unauthorized work. According to the lawyer since it's and H4 visa (dual intent) and since the unauthorized employment is not a reason for inadmissibility she should "most probably" get the H4 but it does depends on the interviewers discretion.

I am asking the question here to get some opinions from people as what is the possibility of her getting a H4 with previous unauthorized employment (in Trump's administration). Is there any way she can make her case more favorable? Her lawyer said that if H4 is denied her husband can talk to a senator or file a case against government for prejudice. Is this a possibility?
 
Last edited:
new_member0999 said:
Hello,
One of my friends is currently on F1 visa and have worked for almost 11 months under the table paid in cash (no contract or ssn is linked). She is getting married now to an H1B (I-140 approved) visa holder and wants to change her status to H4 and later be a dependent on his green card application.

She talked to an immigration lawyer and the lawyer suggested that she should go back to home country and apply for H4 visa there. In the DS-160 which asks about "have you ever violated your U.S. visa status" say yes and explain her unauthorized work. According to the lawyer since it's and H4 visa (dual intent) and since the unauthorized employment is not a reason for inadmissibility she should "most probably" get the H4 but it does depends on the interviewers discretion.

I am asking the question here to get some opinions from people as what is the possibility of her getting a H4 with previous unauthorized employment (in Trump's administration). Is there any way she can make her case more favorable? Her lawyer said that if H4 is denied her husband can talk to a senator or file a case against government for prejudice. Is this a possibility?
Click to expand...

I’m not a lawyer but i do wonder how would you justify accusing government of prejudice for following the law especially in regards to a non-immigrant violating status? Should you end up going that route highly suggest you get a lawyer that only gets paid if they win...that should tell you how realistic the case is (vs how lucrative it might be for a lawyer).
Of course the husband can talk to a senator...
 
Sm1smom said:
First this story was about your husband - you’re the one on H1B, your husband on F1 undertook the unauthorized work according to this Thread of your:

http://forums.immigration.com/threads/aos-for-dependent-spouse-who-did-unauthorized-work.337042/

And now, this new thread is about a friend currently on F1 doing unauthorized work and getting married to a H1B visa holder.

Hmmmn! :rolleyes: Very interesting!!
Click to expand...

Oh yes, that was the F1 who supposedly didn’t know working off campus under the table was illegal :rolleyes:
 
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