OPT Question (working illegaly for years)

E

enlightened

Registered Users (C)
Hi:
I am new to the forum - seems like a lot of people really know what they're talking about here. I've been on F-1 status for a long time (over 9 years) - I got my B.S., and will be getting my Masters Degree this December. Now here's my situation. I was advised by a friend of mine to finally apply for OPT. I did so at the end of the September, and now I'm having second thoughts about it. Since I've been in the U.S., I made sure I was allways a full-time student. But, a few years ago I was able to find a job in my field, and let's just say my employer never really cared about my status, because I was doing a really good job. At that time I had nothing to lose, because I didn't have any money left to pay my tuition, and I figured, I'll work as long as I am not caught, and hopefully finish my degree. Let's just say, it's been almost five years now, and I still haven't been caught. Not only I was able to finish my undergraduate degree, but I was also able to make it through master's.
How was I able to get away with it? I'm really not sure. I do get paid in checks, and have always paid my taxes - so unfortunatelly there's some serious paper trail behind (and the gross income before taxes over all these years, will be well over quarter million). I think, the reason INS didn't catch on to me, because I was always careful to stay as a full-time student - so they really had no business looking at my tax returns. Although - wouldn't they need to look at my tax records when I was applying for graduate degree I-20? But now I'm getting worried - I have a lot to lose now - I've pretty much built my live here, and can't even imagine going back to my country - I'd feel like a foreinger there - this IS my home.
At the same time, I got tired of the uncertainity. That's one of the reasons I finally decided to go through with the application for the OPT. My employer wants to sponsor me for an H-1, but I was advised that it's better if I go with OPT first, to serve as a little "buffer"-legal-work time between my illegal years, and the application for H-1.
I've already sent the application for the OPT, so in a way it's all out of my hands, and I can only wait now - but my question to you is this - what do you think are the chances of me getting the EAD card (authorization for OPT year), and what are my chances of getting deported? How likely is the INS to look into my tax records? I just checked on their website, and they are checking applications from mid-september now - is it a good thing, that they're not backed up on my type of an application - or is it a bad thing, because they have more time to go through each one? Did anyone ever hear of a case, where and F-1 student got caught working illegaly for years and got deported, or will I be the first case? Thanks for any comments, and good luck with your processing...
 
My situation is same as yours except tht I havent completed my master yet and therefore havent applied for OPT.I dont think you will have a problem.
Please let me know when you get your OPT approved.
Good Luck.
 
Thanks. I'll be sure to let you guys know how it went. Also student81 - you have to apply for OPT before you complete your degree (during your last semester), otherwise you risk missing the deadline.

LucyMO,
what do you think I should do as far as getting my H1 next year? I was told that the best option would be going back to my country, applying for H1, and re-entering, because that way, if I get in, my illegal work years can't be held against me, in case I want to get a green card one day...?
 
enlightened,
I have heard about H1 stamp in canada.I dont know much about it but
explore the H1 forum...you may find the answer over there.
 
Let your worry be fly off

enlightened said:
Hi:
I am new to the forum - seems like a lot of people really know what they're talking about here. I've been on F-1 status for a long time (over 9 years) - I got my B.S., and will be getting my Masters Degree this December. Now here's my situation. I was advised by a friend of mine to finally apply for OPT. I did so at the end of the September, and now I'm having second thoughts about it. Since I've been in the U.S., I made sure I was always a full-time student. But, a few years ago I was able to find a job in my field, and let's just say my employer never really cared about my status, because I was doing a really good job. At that time I had nothing to lose, because I didn't have any money left to pay my tuition, and I figured, I'll work as long as I am not caught, and hopefully finish my degree. Let's just say, it's been almost five years now, and I still haven't been caught. Not only I was able to finish my undergraduate degree, but I was also able to make it through masters.
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I have been in US for the past 9 years as well. Difference is I am now in H1, and waiting on my LC to be cleared. I finished my Bachelors and went on OPT. Could not find a good job for a year, then joined my masters. During my master years, I found a company, who was willing to sponsor me, and applied my H1, did premium processing in Vermont and dropped out of masters program.

I have seen many people due to $$$ issue, do get in illegal work. Since USCIS is too busy, and unless otherwise you get caught, they don’t care. But if you get caught, then there is a big problem you may eventually face in order to stay and maintain your status in this country.

enlightened said:
How was I able to get away with it? I'm really not sure. I do get paid in checks, and have always paid my taxes - so unfortunately there's some serious paper trail behind (and the gross income before taxes over all these years, will be well over quarter million). I think, the reason INS didn't catch on to me, because I was always careful to stay as a full-time student - so they really had no business looking at my tax returns. Although - wouldn't they need to look at my tax records when I was applying for graduate degree I-20? But now I'm getting worried - I have a lot to lose now - I've pretty much built my live here, and can't even imagine going back to my country - I'd feel like a foreigner there - this IS my home.
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The reason you got away with USCIS is because, you were always on status, meaning going to school and maintaining your F1 status. It’s really hard to get paid in CASH, so most of the people work in Checks. Of course, once you get paid in checks, you are required to file taxes. Once your stay in US for more than 5 years, you can file your W2 as a US citizen. Now, IRS and former INS have no direct link, so that’s the reason you are getting away with all your work and money. No, they don’t look at your TAX records when you apply for your I-20 since they are not linked with each other – if they want to see, they would have asked you directly, but this is my first time hearing if INS will ever ask for a tax return when filing I-20 application. Once your school accepts you as a student with all formal requirements, and you are in SEVIS, then you are all set to go. School will do the later formalities with INS in this regard. As a student, you don’t have to worry about all these proceedings.

When you said, you have lot to lose here; I think you are referring to your status in the past and illegal work. But you can get away with it without any issue. You paid taxes all these years, and you can even battle it in court IF there is any issue that may arise regarding your case, which I doubt you have to go in that extent. They be liable your employer for letting you work, they should have checked all the required documents before they offered you a job. Its not yours, but your EMPLOYER fault for letting you work – such piece can be taken to court. BUT I highly doubt if something like this comes along your way.

enlightened said:
At the same time, I got tired of the uncertainty. That's one of the reasons I finally decided to go through with the application for the OPT. My employer wants to sponsor me for an H-1, but I was advised that it's better if I go with OPT first, to serve as a little "buffer"-legal-work time between my illegal years, and the application for H-1.
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USCIS is required to provide your Optional Practical Training – which is pretty much defined in your I-20 as well, after your successful completion from 4 years Bachelors, or 2 years of Masters. They are required to give your OPT, no matter what. You are cleared to go to get OPT. I have no doubt. They will not check your Tax returns when filing OPT, and its very easy step in applying for a card, talk to your ISA regarding this matter. If your employer wants to sponsor H1, then go for premium process, only takes 15 days to get the answer. But don’t fall out-of-status. So my advice is, apply for OPT, which gives your F1 status, and apply for the H1. Even when you apply for H1, they don’t check your IRS records, only thing they are interested in, is your STATUS – if or not you are maintaining it or no.

enlightened said:
I've already sent the application for the OPT, so in a way it's all out of my hands, and I can only wait now - but my question to you is this - what do you think are the chances of me getting the EAD card (authorization for OPT year), and what are my chances of getting deported? How likely is the INS to look into my tax records? I just checked on their website, and they are checking applications from mid-September now - is it a good thing, that they're not backed up on my type of an application - or is it a bad thing, because they have more time to go through each one? Did anyone ever hear of a case, where and F-1 student got caught working illegally for years and got deported, or will I be the first case? Thanks for any comments, and good luck with your processing...
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As you said you are 100 percent in status, meaning it’s your right to get OPT. Check your I-20, it’s written there, I think Page 3 will describe it. Deportation is a far along way to go, don’t even think of it. INS won’t look at your records, if they have to, they will ask you, not the IRS is linked with INS. You will get your OPT in 30 to 60 days, even they say it takes 90 days to process these type of application.

I have known few cases, where F1 get caught and presented towards court. Court may rule its employer fault, not employee to engage in such act. You need good lawyer to prove your case. BUT your case is different, you were never been caught. Don’t worry, there are plenty of such cases, almost all don’t have money to fund for their education.
 
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As labordrags had said, as long as you are in status,they dont check your IRS records when you apply for a new I-20,Opt or even H1.

One thing I would like to add here is that they dont even check you IRS records when you apply for a visa renewal at the consulate in your home country.
 
IMHO, OPT is a privilege, not a right. It can be denied. USCIS is not required to approve it.

As for
Once your school accepts you as a student with all formal requirements, and you are in SEVIS, then you are all set to go. School will do the later formalities with INS in this regard. As a student, you don’t have to worry about all these proceedings.
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Did you read many-many-many posts in this subforum about students having to go through reinstatement hurdles just because the school accidently made them out of status?
 
LucyMO said:
IMHO, OPT is a privilege, not a right. It can be denied. USCIS is not required to approve it.

As for Did you read many-many-many posts in this subforum about students having to go through reinstatement hurdles just because the school accidently made them out of status?
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You are right, its not a right, but a privilage. BUT once you graduate, USCIS is required to give it to you. I have, been there done it. I have not known any single individual whose application for OPT been denied. (of which I know more than 300 students in just one school).

I didnt read the sub-forum. I am not into it. It was he was asking question and thought of giving him what I know of. If someone screws the OPT and studnet didn't get it, it has nothing to do with "privilage or right." Also, I have known at least few students, where their reinstatement got approved without any trouble, F1 is an easy way out. Not sure how they work in MO though!
 
labordrags - thanks for positive comments. At the same time, I doubt INS would even think twice before deporting me. I've been working illegaly for a long time, and according to F1 rules - that is the most serious breach of status possible. The only reason I'm still here is because they never found out... My only chance is that they'll never look into my tax history, because if they do I'm a dead man. I looked at my SS statement, and it couldn't be more obvious, if somebody decides to look into it: I start off with basically nothing from a few years ago, and all of a sudden huge amounts of money start appearing for each year after I took the job... Hopefully, what student81 is saying is correct - and they'll never look into my tax history. Do you think they're more likely to look into my records when I apply for H1 next year from my home country, or when I apply from here?
 
enlightened said:
labordrags - thanks for positive comments. At the same time, I doubt INS would even think twice before deporting me. I've been working illegaly for a long time, and according to F1 rules - that is the most serious breach of status possible. The only reason I'm still here is because they never found out... My only chance is that they'll never look into my tax history, because if they do I'm a dead man. I looked at my SS statement, and it couldn't be more obvious, if somebody decides to look into it: I start off with basically nothing from a few years ago, and all of a sudden huge amounts of money start appearing for each year after I took the job... Hopefully, what student81 is saying is correct - and they'll never look into my tax history. Do you think they're more likely to look into my records when I apply for H1 next year from my home country, or when I apply from here?
Click to expand...

Not sure what they do from the home country, well the thing is IRS is not linked with INS. Bottomline. When I applied from here, with preminum processing, all they were interested was if or no I was in vaild status.

here is a peace of your mind: One of my friend ran away when he was at school, because of INS raid, he never got caught, he came back to school, file reinstatement, and he was working illegally in checks, now he has GC. He went thru the same, OPT, H1 and GC.

The amount you are saying "HUGE" may be huge for us, but for IRS, it aint nothing. They process hundreds of thousands of cases like yours.
 
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Hello Enlightened and others,
Any updates on your cases? Did you get OPT, H1 or even GC?
Mine is a similar case:
1. Came to US on F1 in 2002 for 2 year MS degree.
2. Started working full-time on 1099 in April '04 (before graduation in Aug '04)
3. Applied for OPT in June' 04, got approved.
4. Graduated in Aug 04 (while working)
5. Continued with the same company on OPT (OPT period Aug '04 - Aug '05)
6. Nov 04, went out of the US for 2 week vacation with OPT I-20 and employment letter etc, came back to US with no issues at POE.
7. Applied for H1-B i April '05, got approved. (H1B started Aug '05)
8. Continued with the same company on H1B since aug 05.

Now for the sad part:
When I went for first time h1b stamp in Dec 05 to canada, my case was delayed due to "Administrative Processing". Nine weeks sinc ethen and they still say its under processing.

Questions: Are they possibly investigating my past F1 problems? even though I have gone out fo the country on my new OPT I-20, got approved EAD and H1b since that?

All this time I have filed an paid all taxes on my earnings.
Any comments are highly appreciated.
 
hi - yes I got OPT without any problems, and will be applying for h1b this year. I really don't know why your case would be delayed. I did find out about Immigration Law section 245(k), which pretty much states, that as long as you re-enter the country, your previous illegal time doesn't count. But I think it must be a re-entry on a new visa - though I'm not sure. Look up that law online, maybe you'll have a better idea. In any case, I've been told that OPT and H1 is usually not a problem, but GC will be - that's why it's important to take advantage of 245(k) if you've been working illegaly. Let us know how it went.
 
You need to be aware that 245(k) works only if your illegal work is less than 180 days. If its more than that, you get 3 strikes for AOS/immigrant visa.


(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
 
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(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

180 days since your last re-entry.
 
Hello enlightened and GotPR,
First, I want to thank enlightened for 'enlightening' me about this law. I am researching it to see if I satisfy the requirements. One thing I am not clear about yet is exactly what 'lawful admission' means. So far my research has not clarified that.

My case:
1. I *think* I have not worked without authorization for more than 180 days (I worked April-Aug '05, In August, my approved OPT card authorized my employment)

2. Once I had my OPT card and OPT I-20 I left the US for 2 weeks in nov '05 and re-entered saying I am on OPT. No issues whatsoever at the POE.
(I wonder if this constitues 'lawful admission'?)

Of course, my pending H1B stamp due to admin processing is another angle to my case, which I am hoping is not related to my F1 problems. I will only be able to use 245(k) when I am back in the US and applying for GC.

I will post updates, more research here.. any thoughts comments from you guys will be highly appreciated.
 
Opt Question

I completed my bachelor in december 2005. I was out of new york during november & december 2005. When I contacted international student advisor in january end of 2006 regarding filing my opt, she said that I can't file the opt anymore. She email & mail a letter to immigration respectively on Feb 7 & Feb 10 terminating my status. She is telling that I did not register to graduate or file for opt before completing the study so I lost my opt period. I was under impression that I have 90 days after completion of study to file the opt.

I don't understand how can I maintain the legal status, how can I reinstate the status. Is there anyway I can get the opt (ead card) if not for 12 months then at least even foe 6 months.

I would greatly appreciate your help/advise in my case/
Please advise.
 
Just to give everybody an update (3 years after I made the original post :) ).

I got my OPT no problem, followed by H1-B (through consular processing going back to my country). Currently waiting for my Green Card approval (filed concurrent I-140/1-485 a while back).

So far so good - hope things worked out as well for the other posters.
 
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