how to fix H-1B violation

[vera2003]

Hi,

I have been teaching part time two hours/week in a Saturday Chinese school when I also work with the H-1B sponsored by another full-time job. Is that against the law?

And if yes, how can I fix the case if I am going to apply for the green card through my husband?

Thanks for your help.
Vera

 

[GotPR?]

Yes, it is illegal unless the school you are teaching at is your H1 sponsor.

And you missed very important piece of information... Husband is non-immigrant, LPR, US citizen, or others ?

 

[vera2003]

My husband has H-1B, non-immigrant like I do. And his company will sponsor his green card. So, I am thinking to apply for the green card with him.

What else should I do if I violate the law? Will I affect his green card application if I violate the law?

 

[TheRealCanadian]

My husband has H-1B, non-immigrant like I do. And his company will sponsor his green card. So, I am thinking to apply for the green card with him.

I would immediately stop your unauthorized employment, depart the US and return in H1B status. Make sure that all income from this job is declared on your tax return, and applicable taxes paid.

Will I affect his green card application if I violate the law?

No, but if you're not careful you may not get a Green Card, or need to have it processed from abroad which could lead to a months-long separation from you and your husband.

 

[vera2003]

Thanks for the advice. I quit my part-time job this early Dec and plan to go to Canada to renew my H-1B visa. But I wonder if I should tell the American consulate in Canada about my violation? If I did tell them the truth, would they deny my H-1B visa to come back to USA?

And I only submitted the copy of my H-1B and forgot to submit my confirmation letter of employment when I applied for Canadian temporary visa so they rejected giving me visa to Canada. I may need to apply for the Canada visa again. Will they reject it again if they see my expired H-1 visa on my passport and thought I may not return to USA?

Or should I go back to my home country?

 

[TheRealCanadian]

But I wonder if I should tell the American consulate in Canada about my violation? If I did tell them the truth, would they deny my H-1B visa to come back to USA?

If you are asked about it orally or in writing, you must must must tell the truth. Making a false statement to get an immigration benefit puts you in a world of trouble more than merely working without authorization. If you are not asked, however, you have no obligation to volunteer the information. I have never obtained a visa so I do not know what the DS-230 asks.

I may need to apply for the Canada visa again. Will they reject it again if they see my expired H-1 visa on my passport and thought I may not return to USA?

I really don't know. If you have evidence that you will return like a job and a spouse, I would assume it would be unlikely. Really, the question you need to ask yourself when going to Canada for a visa is what you plan to do if the US consulate denies the H stamp.

 

[KMax]

Were you getting paid (check/payroll) in that part-time job? If not, I wouldn't bother about it.

 

[vera2003]

Yes. I got paid and filed tax report last year.

 

[Al Southner]

Ok...Vera....

Yes. I got paid and filed tax report last year.

Vera,

Didn't you know that it was illegal to be employed there? USCIS will be interested in your case and explaination.... H1B is dual intent, but one intent isn't for a second job....

Get a Canadian visa, send all the necessary paperwork to them and go and renew your H1B visa there. Simple rule to keep in mind: Don't volunteer any information about this employment, UNLESS YOU ARE ASKED ABOUT IT.

Since you paid taxes, USCIS could forgive you cause paying taxes is important to the US govt, even if you are a law violator... However, travel with a contigency plan... should you be denied, be ready to fly home and wait for your husband's petition to be approved and be a join-beneficiary of his greencard application...
secondly, if you are denied a renewal, then you asked for it by engaging in an illegal act for extra cash, and therefore jeopardizing yourself...

 

[vera2003]

Hi,

Thanks. Getting a second oppinion helps me feel better.
I think it's a good adivce to not to tell anything unless I am asked as you said. But I wonder it seems to have a yes/no question on my application form of visa, which said something like "have you ever violated any law?" And I have to say "yes" even the consular hasn't asked me yet?

 

[Durres Special]

I think...

...you guys are looking more then what you really need to look at. Years ago I was a H1B. I did work 3 other jobs as well. I paid taxes every year. At the time of GC filing through employment, my lawyer first started freacking me out about this but in the end he said: "The worst case, the INS will make you pay a $1000 penallty and that's it". I never had any issues at all. Now I'm USC. If you read carefully the additional I-485 forms it explains it to you. The law explains it as well. In your particular case, it is your husband that is the main applicant and not you. You are a derivative. I think you won't have any problem at all.

Do not stress yourself any more then you have already and do not go out of the country as well. If you are within your H1B status, you do not need to get a new H1B visa to keep working at your sponsor company. If you go out of the country and are asked such questions, you definitly have to tell the truth. Such a truth it is going to cost you 10 year ban no question asked. So as I said do not add to your stress any unnecessary one.

Peace out

 

[KMax]

Oh my God! I cannot believe this! Are you telling the OP to blatantly lie???!

Juz kidding.....good advice....sometimes....you have to do what you have to do!

...you guys are looking more then what you really need to look at. Years ago I was a H1B. I did work 3 other jobs as well. I paid taxes every year. At the time of GC filing through employment, my lawyer first started freacking me out about this but in the end he said: "The worst case, the INS will make you pay a $1000 penallty and that's it". I never had any issues at all. Now I'm USC. If you read carefully the additional I-485 forms it explains it to you. The law explains it as well. In your particular case, it is your husband that is the main applicant and not you. You are a derivative. I think you won't have any problem at all.

Do not stress yourself any more then you have already and do not go out of the country as well. If you are within your H1B status, you do not need to get a new H1B visa to keep working at your sponsor company. If you go out of the country and are asked such questions, you definitly have to tell the truth. Such a truth it is going to cost you 10 year ban no question asked. So as I said do not add to your stress any unnecessary one.

Peace out

 

[GotPR?]

My husband has H-1B, non-immigrant like I do. And his company will sponsor his green card. So, I am thinking to apply for the green card with him.

What else should I do if I violate the law? Will I affect his green card application if I violate the law?

FYI.
In general, EB GC process forgives less than 180 days unauthorized work SINCE YOUR LAST ADMISSION. It is written in 245(k), however, whether this is applicable to dependent beneficiary like you is not clear to me. What is stated in law is 245(k) is applicable to those who come under numerical limitation of employment preference category. Dependent beneficiaries also come under numerical limitation, so that if interpret the law liberally, you may be protected by 245(k), though I'm not 100% sure. You should confirm with lawyer.

If 245(k) is applicable, your reentry to the US resets your unauthorized work history and makes you eligible to AOS. However, the concern is since your visa already has expired, you have to apply new one which has a little risk.

 

[GotPR?]

...you guys are looking more then what you really need to look at. Years ago I was a H1B. I did work 3 other jobs as well. I paid taxes every year. At the time of GC filing through employment, my lawyer first started freacking me out about this but in the end he said: "The worst case, the INS will make you pay a $1000 penallty and that's it". I never had any issues at all.

it is clear that unauthorized employment is one of ineligibility to AOS except for some cases. If you worked for more than 180 days illegally and did not leave and come back to the US, you wouldn't be able to run AOS. Probably CIS did not ask the question regarding illegal work. If they interviewed and asked this questions specifically, you got screwed. Just you could get GC does not mean everyone is fine in the same way.

Now I'm USC. If you read carefully the additional I-485 forms it explains it to you.: The law explains it as well. In your particular case, it is your husband that is the main applicant and not you. You are a derivative. I think you won't have any problem at all.

Tell me which law explains as derivative is fine even though involved in unauthorized employment ? There is no such clause.

 

[TheRealCanadian]

it is clear that unauthorized employment is one of ineligibility to AOS except for some cases.

Exactly. There are three cases where it's forgiven. First, an immediate relative petition as the parent/spouse of a US citizen. Second, under 245i relief which requires a priority date of April 2001 or earlier. Third, under 245k relief, which is why I am suggesting she leave the US and re-enter.

Tell me which law explains as derivative is fine even though involved in unauthorized employment? There is no such clause.

Right again! Section 245 of the INA (which governs adjustment of status) makes no distinction between a primary and derivative applicant. Both are subject to the same restrictions, and both have the same relief available.

 

[pianoplayer]

FYI.
In general, EB GC process forgives less than 180 days unauthorized work SINCE YOUR LAST ADMISSION. It is written in 245(k), however, whether this is applicable to dependent beneficiary like you is not clear to me. What is stated in law is 245(k) is applicable to those who come under numerical limitation of employment preference category. Dependent beneficiaries also come under numerical limitation, so that if interpret the law liberally, you may be protected by 245(k), though I'm not 100% sure. You should confirm with lawyer.

If 245(k) is applicable, your reentry to the US resets your unauthorized work history and makes you eligible to AOS. However, the concern is since your visa already has expired, you have to apply new one which has a little risk.

Hi:

245(K) applies equally to the primary applicant, as well as derivative applications.

 

[vera2003]

Thanks to all of you to provide the valuable information.

What is AOS?

I will try to apply for the temporary visa to Canada again to go to American consulate in Canada to get my visa renewed. And I think I need to tell Canada that I will go there to renew my visa. Right? (Last time in my application, I said I will visit a friend, which is also true. But they rejected me recently because they said I didn't give evidence to come back to work. I think it's because I didn't include the confirmation letter of the employment in my application, but only included the copy of my H-1B working permit.)

Another question:After I go to Canada, I wonder if I should apply for renewing my H-1 visa or H-4 visa as the spouse of my husband, who has a valid H-1B visa.

 

[GotPR?]

245(K) applies equally to the primary applicant, as well as derivative applications.

thanks for confirmation.

And I think I need to tell Canada that I will go there to renew my visa. Right? (Last time in my application, I said I will visit a friend, which is also true. But they rejected me recently because they said I didn't give evidence to come back to work. I think it's because I didn't include the confirmation letter of the employment in my application, but only included the copy of my H-1B working permit.)

you need to make an appointment at the US consulate in Canada in advance.

Another question:After I go to Canada, I wonder if I should apply for renewing my H-1 visa or H-4 visa as the spouse of my husband, who has a valid H-1B visa.

it depends on what visa you want to renew. You can get either H1 or H4.