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I485, G-325B and unauthorized employment

Discussion in 'General I-485 and Related Issues' started by zapotela, Jan 30, 2007.

  1. zapotela

    zapotela New Member

    Guys, I am preparing myself for I485 but worried if it will cause me more trouble. More I learnt from this forum the more I get worried. Now need serious suggestions...Let me explain in brief (I am sure it was discussed earlier?)

    1. Entry to US: 2000 visa: Student F1
    2. Worked 2 summer unauthorized + 3 months = 9 months paying tax on 2001 and 2002. (I couldn’t support myself paying tuition and EAD not approved even though I had 10 hrs GA job at school with school authorization from 2000 to 2002).. I know I should never have done that. It’s my bad and ready to accept any consequences.
    3. Worked on OPT (late 2002) and H1b Mid 2003 since then not a single hr of unauthorized employment or any status violation.
    4. I was not a single day without valid visa in US so no 222(g) issue here.
    5. Went to Canada for H1B around mid 2005 and got stamped successfully. (Did not disclose any status violation in DS156 (another bad, lying in federal document.. which I didn’t realize until last month)
    6. Now ready for I485?

    Here are my questions...

    1. Should I put every unauthorized employment in G-325A for I485? What are the consequences that I should expect?
    2. If I don’t disclose, how will they find out that I worked during those 9 months? Do they have Database link between IRS or FBI name check will find that out. Yes, I will not lie and do another mistake, but just curious.. Cause I don’t think immigration database are any stronger then my Computer Database!. Just kidding..
    3. Will I be covered and everything reset since I am out of country and came back last year? But I did lie on DS156 during H1B visa stamping.. Which means one way or another I am screwed and sure they will check how come I came clean?

    So.. Bottom line.. Am I screwed? Should I not worry about filing I485 and stick with my H1B as long as I can.

    Thanks,
    PoorGuy
  2. zapotela

    zapotela New Member

    Thanks archilles. What would you think is best in this situation. Disclose or not? I will consult with attorny but I doubt anyone will suggest not to disclose. I am just afraid if I will be screwed by disclosing the previous employment info. By not disclosing, I might be in more trouble.. :confused:
  3. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    The unauthorized employment long ago is not an issue, especially if the 245k clock has been reset by re-entering the US before filing the I-485.

    I would be far more concerned about not acknowledging it. I have never filled out a DS-156, but if it explicitly asked you about unauthorized employment and you made a false statement, then this can be a very, very serious problem. I would see an attorney.
  4. peaktovalley

    peaktovalley Registered Users (C)

    TheRealCanadian, you seem like to know something abou 245(k). If yes, can you share the info you have. For example, how does 245(k) applies? Some says that attorney should put a specific statement that application is under 245(k). I heart that the violation of status jepordizes the application anyway eben if it has been done by for example the spouse, i.e. not theapplicant itself. They say that there are so many green card applicants out there who followed the devil at some point and took at least couple of days unauthorized employment. I hope one of them would be here telling us his/her experience with the application under 245(k).
  5. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    If you have not worked without authorization (or been out of status) for less than 180 days between your last admission to the US and the filing of the I-485, then 245k relief. applies.

    This is not required. 245k relief applies whether explicitly requested or not.

    This is completely untrue - unless the violation of status makes the primary applicant ineligible to adjust status, in which case it can affect the spouse. Otherwise, each adjustment is independent of each other.

    One important thing to remember is that 245k relief is non-discretionary. If you qualify, then USCIS is forbidden to deny your adjustment. If you don't qualify, then USCIS is forbidden to forgive you.

    You should be careful, however, who you listen to. 245k relief is very specific and only covers EB applicants. Most of the individuals who have work without authorization for long periods of time are Immediate Relatives; and they have relief that EB applicants cannot avail themselves of.
  6. peaktovalley

    peaktovalley Registered Users (C)

    In order 245(k) to aply to a case, should the applicant specifically present the unauthorized employment in the GC application somewhere like G325? Or it does not really matter as long as it is less than 180 days? I am asking this because the guy who started this post had unauthorized employement for months, but in my case it is only couple of days (2-3 days). I guess I cannot call it as an employment. Afterall I received a 1099-misc for the payment. 1099-misc is a non-employee tax doc (as also described on itself). So I guess technically you cannot call your self an employee while whoever gave you the task calls you a non-employee. I would definitely report an unauthorized employement for which I received W2 or which takes longer time like couple weeks to couple of months. But volunteering a 2 day activity if not asked seems just unnencessary. Afterall if I don't disclose this information unless asked by USCIS, would it be a problem? I guess, if at some point this 2-3 day service arises from somewhere, USCIS would apply 245(k) and continue the process, right?

    This is unbelievable, if you work in this country for under-the-counter cash payments for years, you are good unless caught in action and you can hide it in any correspondence with CIS. But if you do something wrong for couple of days without knowing that it could be violation and even pay taxes on-top of everything, you have to suffer all the way.

    BTW, does anybody know if leaving and lawfully entering US clears any past status violation? Lets say you know you did something wrong when you were on an X-visa and you recognized that and regret it. You leave and reenter. Are you now off that violation unless you were caught and already put out-of-status prior your leave?


    Last edited by a moderator: Feb 4, 2007
  7. number30

    number30 Registered Users (C)


    Not undermine your situation, but you are worried here for two days. There are plenty of people who work for network marketing (like AMway) Still getting the green card without a murmur.
  8. sa7797

    sa7797 Registered Users (C)

    I strongly suggest not to disclose any info which get you in trouble. Keep quite and you will see your case will go through. Good luck
  9. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    If the G325 asks you to disclose employment during a time period when you worked, you MUST disclose it.

    You provided a service, in return for compensation. It's work, and don't try and tell USCIS differently. Besides, it's two bloody days!

    If you don't disclose it on the G-325, you've gone from 2 days' of illegal employment (which is automatically forgiven) to making a material false statement to obtain an immigration benefit which is non-waiverable and SERIOUS trouble. That's why for the life of me I cannot understand why people would lie about things that couldn't get them in trouble even if they were disclosed!

    It's like a policeman pulling you over for a broken taillight. That's a $50 ticket, and more likely just a warning. Instead of pulling over, you make a run for it, get chased through two counties and arrested with a stack of charges against you. That's the same kind of situation - working without authorization for 3 days cannot hurt your case, but not disclosing if asked to on the G-325 certainly will.

    You're not suffering at all. Why do you claim that you are? You disclose, USCIS forgives it (or you remind them of 245k if they ask) and all is good. You want suffering - don't disclose on the G325 and then have your examiner at the interview pull out a copy of your 1099 and ask why you didn't see fit to mention it on the G325.

    By and large, yes.
  10. peaktovalley

    peaktovalley Registered Users (C)

    number, did those people you might know who got GC without a murmur disclose their network marketing activity in their GC application? Or not? Did they get 1099-misc or W2 and paid taxes (maybe you know some cases)? I think this network marketing activity is a good example to the case we are dicsussing. Any more info will be appreciated much.
  11. worker7

    worker7 Registered Users (C)

    RealCanadian,

    Just wanted to thank you for your help. I understand you are not a lawyer, but your advise is great. I am in a similar situation as Peak here and I feel much better after reading your posts. And I will ask my company's lawyers about including my 5 days of independent consulting work in my G325, before I was scared that they would stop my process. But it seems they would have no valid reason to do so.

    Thanks!

    I will let people here know how it goes.
  12. mandino

    mandino New Member

    I-485 application - unauthorized work on H4 visa

    I have an H1 visa and my wife is on an H4, we are about to apply (together) for AOS (I-485) but my wife has worked on the H4 visa for over 3 years. We have filed taxes jointly and I am trying to find out what our options are.

    Would it be better if I applied for AOS separately and perhaps have my wife leave the country and re-enter and apply by herself, would that work?

    I need to submit this application ASAP so, any help would be greatly appreciated.
  13. techbuyer77

    techbuyer77 Registered Users (C)

    mandino how did she work? H4 are not elegible for ssn?
  14. mandino

    mandino New Member


    She already had a ssn, she was on a F1 prior to converting to an H4.

    We would be applying with two separate I-485s I'm assuming, because I need to switch from H1 to get the GC myself. I am very worried because, we filed taxes jointly and that ofcourse is information we will submit with the application. The lawyer who has my case is hired by the company I work for and I wanted to get outside information before going to him.
    Last edited by a moderator: Aug 2, 2007

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