245 please help

K

kannel

Registered Users (C)
I came to this country 14 years ago as F1. I got my social sec # without saying anything on it. I worked in Mcondalds for few months. then I finished my first degree then I moved to different state and I went to school there. I worked for the temp agency (some clerical job) using my ss# and I used to receive paychecks every week. I have been filing taxes for the last 14 years. I worked for the temp agency for 1 1/2 years. Then I got out of the school in 1996 with the Practical training and i started my carrier. then i got my h1b visa for 6 years. after words everything was fine. My concern is do you think INS will find out about my employment history in the past. (1994-96). Please help me and let me know what should I do. I have not told me attorny about my past. I don't want to confuse her. she will get mad at me if I tell her now. Since I had 2 months gap between employment (during my transfer H1), my attorney applied 245i with $1000 payment along with my 485 application. Please advise me. I am confused and worried. thanks for all your help.



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Originally posted by kannel
I came to this country 14 years ago as F1. I got my social sec # without saying anything on it. I worked in Mcondalds for few months. then I finished my first degree then I moved to different state and I went to school there. I worked for the temp agency (some clerical job) using my ss# and I used to receive paychecks every week. I have been filing taxes for the last 14 years. I worked for the temp agency for 1 1/2 years. Then I got out of the school in 1996 with the Practical training and i started my carrier. then i got my h1b visa for 6 years. after words everything was fine. My concern is do you think INS will find out about my employment history in the past. (1994-96). Please help me and let me know what should I do. I have not told me attorny about my past. I don't want to confuse her. she will get mad at me if I tell her now. Since I had 2 months gap between employment (during my transfer H1), my attorney applied 245i with $1000 payment along with my 485 application. Please advise me. I am confused and worried. thanks for all your help.



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This is just my personal advice (I have also been here for too long!): At this stage of the game, keep silent and see how your case is progressing.
Did you have any work authorization during those times? If not, then you worked illegally. The records are easily available from the SSA (Social Security).
I also think that the 3/10 year ban applies after 1996 (immigration act) and the USCIS checks your status only after March 1997 (you will have to check this!).
 
Cinta
Please do not give responses to people and scare them.
245i covers everything from working illegally, out of status and all related things. As long as he filed 254i, he will be covered and fine. I was in the same boat and worked in all kind of gas stations and resturants while I was doing my Master's degree and I paid taxes on them all and I put all this in my I-485 application. I know this will cause me trouble during the interview, but this is what 245(I) is all about.
 
Check with your lawyer

I think F-1 visa holder is allowed to work for 20 hours a week??? I am not so sure. Some time our company hire F-1 students, but it's been a problem that they can only work certain hours.
Check with your lawyer... it might not be illegal.
 
brightstar:
I don't know where in the 485 application they ask or you tell that you worked illegally? You may pay taxes but as long as you don't pay Social Security the chances of BCIS detection are low.
245(I) etc can't be taken for granted. If BCIS deems you are an habitual offender they may even deny GC.

cinta:
Can you provide references to the "...the 3/10 year ban applies after 1996 (immigration act) and the USCIS checks your status only after March 1997

Thanks
 
Hana:
F-1 is allowed to work 20 hours on campus only. For any kind of outside work- they need EAD.
HTH
 
245i

Hi ,
I think 245i is basically meant for people who enteres this country for wathever reasons be it F1 or H1 etc but lost their status eventually.This was a chance for them to get legal if they could find a sponsor thru work. Obviously if a person is in this country and has to pay for his/her bills he /she will have to work and that is the reality on ground. Ofcourse on paper it is not legal. but when one's very stay here is illegal that person has no choice.... there are a lot of people who have worked illegally and and have paid taxes too and later have applied under 245i. .. but 245i is just a chance to apply for a legal status if u have a valid sponsor ready to hire u just like regular greencard process...... But after ur application process started u should not have worked until u received ur EAD.
This is my understanding of the 245i. I may not be 100% correct.
 
F1 allowed to work

On F1 u r allowed to work ,but only on campus .. but if u want to work outside u have a form to fill and ask ins to give u persmission to work outside ... i think u have to let them know that u r facing hardships financially or something like that...this is true for Bachelors... dunno the masters level process..
 
Section 245(k) is better

Section 245(i) applies only for immigration petitions filed before January 14, 1998 and in some limited situations to petition or LC filed by April 30, 2001

Section 245(k) is more general

Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


So if you have worked illegally for short periods or have been out of status for short period you would be fine- You have to do nothing to avail this.

HTH
 
Kannel,

What is the RD of your 485?
Have you received any RFE or transfer notice yet?

Gurus and 245 filers,
Haven't seen any single approval of 245 case recently.
Is that mean VSC does not have any plan to adjudicate the 245 case? Wonder it could be delayed severely than normal case?
Possibly they have piled all 245 files in the sheves of VSC warehouse even do not open the envelope and give no attention at all. Please share your experience or information.

RD: Nov.01
2FP: Sep.03
RFE: Nov.03
RFE received: Jan 04
AD: only God knows, but could be around 2009 by current pace.
 
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