Unauthorized work and green card application. Pls help!!!

M

mickmack

Registered Users (C)
Hi,

I've been on H1B as a civil engineer for a couple of years. I’ve recently got an approved EB2 labor certificate and now would like to move on to the next step of filing I-140.

Yet, while I was on H1B, I sometimes did some odd jobs such as drawing and art decorations (just for a couple of days a year) to help out a friend who started his own business, and received forms MISC-1099 for 2 or 3 years. I reported this type of income on my personal tax return each year I received a MISC-1099.

Now my questions are:

1. Did I violate non-immigration law by what is called “unauthorized work”? And if yes, does it also mean that because I have worked without authorization, I have fallen out of status for all of the years?

2. If yes, then how will it affect my green card application in each of the following case:
a. Adjustment of Status (filing I485)
b. Consular Processing

3. Some people told me that I can only go for consular processing and not adjustment of status. Is that true? If I go for consular processing, what are the possible problems that I should be aware of? Will it be more difficult than adjustment of status?

4. And what will happen if I apply for adjustment of status (visa number for my country, Spain, is now current)?

5. Could anybody let me know what I should do now?
 
That is kind of complicated situation. The best would be not to recieve 1099 .
Now 2 days per year, I bet any good lawyer would pull you out of trouble. So that would be number 1 solution.
If no lawyer involved, then by all rules you should not submit I-485, since I think your couple days is unauthorized work.
As some members mentioned, you are not out of status unless decision is made that you out of status by immigration officer or judge.
So number two option for you would be to file for CP. The disadvantage is that you will have no lawyer to help you.
The last option, file AOS. If you get interview, do not lie, but state that helping a friend and getting paid for 2 days is not a part or full time job. It is just a favor and you decided to pay taxes on it. You did not intend to break the law...

Please do not take my words for granted, I am really no expert, you will have to make the decision.
I saw your post , and no answers, so I just wanted to give you few ideas ...
 
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You can volunteer while on H4, getting paid is illegal.
You can do anything as long as you do not get 1099 or W2.
 
Legally speaking, you can volunteer on H4, but only if the volunteer work does not displace a US citizen or resident.
 
mickmack, are you still around. did anyhitng happen to you or your GC application? I guess we are in the same boat. I took a total 2-3 day on-campus duty when I was on F1 like 3 yrs ago. Since the taks was on-campus I thought everything was allright. I received my check and then 1099-misc which suprised me. Since I cashed those 2-3 checks I filed 1099-misc with schedule c. Now, I am concerned that I was involved in so-called unauthorized employment. I wish I did not do it at all. But it seemed ok at that time and never thought it could be something wrong. As of today I consider the job still on campus but 1099-misc really bothers me a lot. Afterall how can I convince an CIS officer that the job was on-campus and it was totla 2-3 day task if they ask? So, what I really wonder is if there is anybody in the forum who knows someone who had 1099-misc when they applied to GC and something happened to them? Alos, I heart something called 245(k) which applies to employment-based GC applicnats if they engaged in unauthorized employment etc for less than 6 months. But I am not sure how that 245(k) works. Also I am not sure how you can proove you did it for couple of days only, i.e. less than 6 months. My 1099-misc is for about $300-$400.


mickmack said:
Hi,

I've been on H1B as a civil engineer for a couple of years. I’ve recently got an approved EB2 labor certificate and now would like to move on to the next step of filing I-140.

Yet, while I was on H1B, I sometimes did some odd jobs such as drawing and art decorations (just for a couple of days a year) to help out a friend who started his own business, and received forms MISC-1099 for 2 or 3 years. I reported this type of income on my personal tax return each year I received a MISC-1099.

Now my questions are:

1. Did I violate non-immigration law by what is called “unauthorized work”? And if yes, does it also mean that because I have worked without authorization, I have fallen out of status for all of the years?

2. If yes, then how will it affect my green card application in each of the following case:
a. Adjustment of Status (filing I485)
b. Consular Processing

3. Some people told me that I can only go for consular processing and not adjustment of status. Is that true? If I go for consular processing, what are the possible problems that I should be aware of? Will it be more difficult than adjustment of status?

4. And what will happen if I apply for adjustment of status (visa number for my country, Spain, is now current)?

5. Could anybody let me know what I should do now?
Click to expand...
 
mozaffar421 said:
can a H4 holder act like a baby sitter in her apartment.Please share your opinion. Thanks
Click to expand...
Legally no. But if you get paid cash and don't get a 1099, it's almost impossible to get caught.

As long as everything is fine, you may be ok. In case a child gets hurt and has to go to hospital etc, and things get out in open, you'll be in the trouble of your life (not getting GC will seem a minor thing then). Be aware of the risks if you go that route.
 
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