I am a H-1 holder with now a current PD to file I-485, and with this problem...
My husband, all this time (for the past 6 years) has been on a H-4 visa, but previous to that he had a J-2, and a work permit, along with a social security number. After searching tiredlessly for a sponsor so he could have another H-1B, he went ahead and worked without authorization with his social security number and filed taxes (we wanted no IRS problems) for several years until March of this year, when we left the country on vacation, and reentered the on H-4 and H-1, respectively.
My attorney has not given me a clear answer so we can file and be safe that everything will be OK for us. We don't want to jeopardize my husband's immigration history by disclosing all this information. Or should we? My attorney isn't sure either whether 245(k) applies or not, based on the fact that when we reentered the country (March 18) he was no longer working, or hasn't worked since.
I am going crazy. We have waited for ever for the PD, and if it doesn't work for both of us, then, it is not worth filing.
I found this archived thread, but still not sure:
http://www.immigrationportal.com/archive/index.php/t-229288.html
Thanks to all, and good luck with all your cases.
My husband, all this time (for the past 6 years) has been on a H-4 visa, but previous to that he had a J-2, and a work permit, along with a social security number. After searching tiredlessly for a sponsor so he could have another H-1B, he went ahead and worked without authorization with his social security number and filed taxes (we wanted no IRS problems) for several years until March of this year, when we left the country on vacation, and reentered the on H-4 and H-1, respectively.
My attorney has not given me a clear answer so we can file and be safe that everything will be OK for us. We don't want to jeopardize my husband's immigration history by disclosing all this information. Or should we? My attorney isn't sure either whether 245(k) applies or not, based on the fact that when we reentered the country (March 18) he was no longer working, or hasn't worked since.
I am going crazy. We have waited for ever for the PD, and if it doesn't work for both of us, then, it is not worth filing.
I found this archived thread, but still not sure:
http://www.immigrationportal.com/archive/index.php/t-229288.html
Thanks to all, and good luck with all your cases.