AOS working with no work auth

[june620]

I live in california. I dont wanna do CP its more headache than aos for me. i talked to a lawyer he said they might not allow me to come back if i leave the country since i have been working without work authorization. do you have any idea if i can file EAD before filing i-485??

As far as i know, if you are international student, you can apply for EAD based on difficult financial situation.

If you want to file EAD, before filing I-485 is tachnically possible.

If you want to file EAD based on eligibility on DV, it is impossible since the application form of EAD would ask you the category of filing EAD, i put pending of I-485. you have to file the form with I485 or file after I485.

So if you lawer recommend to you to stay in the country, then i would say you may do so.... Since i usually travel between Hong Kong and New York, i don't find any difficult to enter into US when i maintain my F-1 student visa status.

I already apply AP, so i definitely will goto canada

If you have any things or problem, we can both keep the post here.

What did your lawer say about AOS chance??

 

[bentlebee]

Does anybody know if you need to send the W2 forms and the tax returns documents with the package to Chicago,or you have to show them at the interview.( Do they ask for them at all?)I don't remember seeing a requierement for doing that.And if they need them do you show them only the W2 forms or your tax return documents as well?

You can be asked at the interview if you don't have funds, a sponsor, savings, etc...but a job. You need to have proof of the job, salary, etc. so they can indeed ask for tax returns as proof. If you don't bring it they might ask you to come back to show proof, and if you bring it,...maybe they don't ask...depends on the person who does the interview and what they need based on what you have filled out and sens in your package...

Remember every case can be different....

 

[june620]

Guys be careful, EAD is not a travel permit and no, you can't apply for an EAD before filing the I-485 if the EAD is based on the adjustment of status.

I have never heard of such a thing that getting a new I-94 will clear your unauthorized employment. Authorized employment and unlawful presence are not good for DV AOS.

Your lawyer is right, if you leave the country you are risking that they will not allow you to come back as you broke your legal status. You are out of status now.

A lawyer would be a great investment at this time!

According Murthy Law Firm web site, you may understand what i mean to the renewal of I94

Exception for Employment-Based Cases Up to 180 Days
©MurthyDotCom
For employment-based I-485 cases, there is a provision that allows the USCIS to "overlook" up to 180 days of unauthorized employment. This does not mean that one should go out and work without authorization for 180 days or that there are not other potential consequences. It just means that if a person accidentally happens to work without authorization (the ways in which this can occur are outside the scope of this article), s/he will still be eligible to file the I-485 in an employment-based case, as long as the violation is under 180 days. One way in which people often engage in unauthorized employment without intending to do so is described in our July 29, 2005 article, Home-Based Businesses: Inadvertent Unauthorized Employment, available on MurthyDotCom.

 

[i2009]

According Murthy Law Firm web site, you may understand what i mean to the renewal of I94

Exception for Employment-Based Cases Up to 180 Days
©MurthyDotCom
For employment-based I-485 cases, there is a provision that allows the USCIS to "overlook" up to 180 days of unauthorized employment. This does not mean that one should go out and work without authorization for 180 days or that there are not other potential consequences. It just means that if a person accidentally happens to work without authorization (the ways in which this can occur are outside the scope of this article), s/he will still be eligible to file the I-485 in an employment-based case, as long as the violation is under 180 days. One way in which people often engage in unauthorized employment without intending to do so is described in our July 29, 2005 article, Home-Based Businesses: Inadvertent Unauthorized Employment, available on MurthyDotCom.

Right! But only for employment-based AOS. It doesn't apply for family-based oe DV based applications. Also, there is a need to apply for the 245 exception. It is not that you hide or ignore that you worked without authorization. Again, I am not trying to scare you guys but there are certain things that have been said that I think that are not right. You guys need a consultation with a immigration lawer. Be aware that many immigration lawers don't have experience with DV cases.

 

[bentlebee]

Right! But only for employment-based AOS. It doesn't apply for family-based oe DV based applications. Also, there is a need to apply for the 245 exception. It is not that you hide or ignore that you worked without authorization. Again, I am not trying to scare you guys but there are certain things that have been said that I think that are not right. You guys need a consultation with a immigration lawer. Be aware that many immigration lawers don't have experience with DV cases.

I totally agree with i2009...some on this forum are saying things that can be very harmful if people show up at their interview and are under the assumption they have nothing to fear....

Unlawful working is like an illegal who is working and can ban you from getting the GC...

If needed I have 2 names of law firms who are working with immigrants on DV cases....of course they don't work for free, but better have an initial phone call and go from there than being too late...

Remember at this point maybe 10,000 have gotten their interview or have their appointment schedueled....which means 90,000 maybe waiting to see if they have a chance or not...if your case is not solid the USCIS might deny you and move to the next...the USCIS is a department with people who don't care about the individual cases...since they have plenty of cases day after day....every one is just a number....

Don't screw up a chance in a lifetime, by only listening to any one stating things that aren't white or black...

 

[lil]

I totally agree with i2009...some on this forum are saying things that can be very harmful if people show up at their interview and are under the assumption they have nothing to fear....

Unlawful working is like an illegal who is working and can ban you from getting the GC...

If needed I have 2 names of law firms who are working with immigrants on DV cases....of course they don't work for free, but better have an initial phone call and go from there than being too late...

Remember at this point maybe 10,000 have gotten their interview or have their appointment schedueled....which means 90,000 maybe waiting to see if they have a chance or not...if your case is not solid the USCIS might deny you and move to the next...the USCIS is a department with people who don't care about the individual cases...since they have plenty of cases day after day....every one is just a number....

Don't screw up a chance in a lifetime, by only listening to any one stating things that aren't white or black...

Thanks Bentle bee and i2009, although my case is may not be as complex as the others, i am still a little nervous. I decided from the start to go do cp. If everything goes great ill be back after my interview, if they pick up on it, then it would be very unfortunate because ill be stuck outside the country

It is a good idea to leave things the way it is (application form) and hope for the best. Please let me know what you guyz think

 

[bentlebee]

I agree with oyu leave it the way it is...in your case

Every one get's a little bit nervous before the interview and that is totally normal...but stay relax as much as possible if you are too nervous they might think something is wrong...answer without hesitating too much and if the rest is good you shouldn't have much of an issue

 

[lil]

I agree with oyu leave it the way it is...in your case

Every one get's a little bit nervous before the interview and that is totally normal...but stay relax as much as possible if you are too nervous they might think something is wrong...answer without hesitating too much and if the rest is good you shouldn't have much of an issue

I was reading online, am a bit confused about this whole application process. I read somewhere that if you have a i-485 pending, you need EAD card to continue working in the US during the process of your application. I am a graduate teaching assistant here on campus, which takes care of my tuition and monthly stipends. Do i also need to an EAD card to continue working till my cp interview.

I read people's timeline under AOS thread and i dont see any one applying for EAD card while their application is pending? Or did i get the information wrong? It looks like most AOS here are H1-B or a different kind of visa. I hardly see anyone with F-1 visa(maybe one-the guy from turkey)

so what is I-765 form.....Do i have to apply for this even though i am going for CP. I work on campus as a TA

 

[i2009]

I was reading online, am a bit confused about this whole application process. I read somewhere that if you have a i-485 pending, you need EAD card to continue working in the US during the process of your application. I am a graduate teaching assistant here on campus, which takes care of my tuition and monthly stipends. Do i also need to an EAD card to continue working till my cp interview.

I read people's timeline under AOS thread and i dont see any one applying for EAD card while their application is pending? Or did i get the information wrong? It looks like most AOS here are H1-B or a different kind of visa. I hardly see anyone with F-1 visa(maybe one-the guy from turkey)

so what is I-765 form.....Do i have to apply for this even though i am going for CP. I work on campus as a TA

Hello Lil,

You don't need to apply for an EAD. In summary, you apply for an EAD if your current status does not allow you to work and you are willing to do it or if you want to accept a job that is not applicable under your current status.

Note: If you use the EAD, then you abandon your current status.

 

[lil]

Hello Lil,

You don't need to apply for an EAD. In summary, you apply for an EAD if your current status does not allow you to work and you are willing to do it or if you want to accept a job that is not applicable under your current status.

Note: If you use the EAD, then you abandon your current status.

thanks i2009

 

[jor]

i-485 Prt 2 Help

One more question folks,
I-485, Part II - Should I check "a" since I'm a DV lottery winner?
Thanks in advance

 

[june620]

I totally agree with i2009...some on this forum are saying things that can be very harmful if people show up at their interview and are under the assumption they have nothing to fear....

Unlawful working is like an illegal who is working and can ban you from getting the GC...

If needed I have 2 names of law firms who are working with immigrants on DV cases....of course they don't work for free, but better have an initial phone call and go from there than being too late...

Remember at this point maybe 10,000 have gotten their interview or have their appointment schedueled....which means 90,000 maybe waiting to see if they have a chance or not...if your case is not solid the USCIS might deny you and move to the next...the USCIS is a department with people who don't care about the individual cases...since they have plenty of cases day after day....every one is just a number....

Don't screw up a chance in a lifetime, by only listening to any one stating things that aren't white or black...

can u send me the lawyer contact ???

 

[i2009]

One more question folks,
I-485, Part II - Should I check "a" since I'm a DV lottery winner?
Thanks in advance

Option "H" and then fill in "Diversity Lottery" in the space provided. I filled in "A" but the I-485 Procedure Manual indicates that Diversity Lottery winners should fill in "H" instead.

 

[jor]

Option "H" and then fill in "Diversity Lottery" in the space provided. I filled in "A" but the I-485 Procedure Manual indicates that Diversity Lottery winners should fill in "H" instead.

thanks i2009.
where did you get that procedure manual? I have been searching internet for any information but no luck. i only have i-485 instructions from uscis website but there is nothing regarding base of adjustment of a dv lottery winner

 

[i2009]

thanks i2009.
where did you get that procedure manual? I have been searching internet for any information but no luck. i only have i-485 instructions from uscis website but there is nothing regarding base of adjustment of a dv lottery winner

Hello jor,

There is an old document here http://www.ilw.com/seminars/august2002_citation2b.pdf

See page 135 "Basis for Filing" and you'll see that Diversity Applicants should enter "H". I have seen that many people have filled "A" (I was one of them) and it also worked.

Unfortunately, I wasn't able to find a new version of this document but I guess that some things remain the same.

 

[cooldude06_78]

wow...how do u know what the employer declared? Is there anyway of knowing or checking what is on a person's employment history before the interview?

Bentlebee is right. The way immigration knows if you worked illegally is if they have proof of payment, and you filed taxes. Also, if the employer files that he employed you and paid you. In your case, since he did not pay you, i don't think he considered you as an employee. I had a friend who worked under the table "cash" and got paid about $xxxx for a particular year. The employer showed my friend as an expense. The IRS came after him to audit him as he did not show it on his tax return whereas his employer should it as expense. But in your case there is no proof i believe so it could be considered volunteering to get experience! But don't go to the employer to check if he did or not, as then you will be raising red flags. Just leave it be.

 

[bentlebee]

Bentlebee is right. The way immigration knows if you worked illegally is if they have proof of payment, and you filed taxes. Also, if the employer files that he employed you and paid you. In your case, since he did not pay you, i don't think he considered you as an employee. I had a friend who worked under the table "cash" and got paid about $xxxx for a particular year. The employer showed my friend as an expense. The IRS came after him to audit him as he did not show it on his tax return whereas his employer should it as expense. But in your case there is no proof i believe so it could be considered volunteering to get experience! But don't go to the employer to check if he did or not, as then you will be raising red flags. Just leave it be.

Your friend probably worked for longer than a few days...I think the employer in this case was happy to get labor for free...JMO

 

[cooldude06_78]

Your friend probably worked for longer than a few days...I think the employer in this case was happy to get labor for free...JMO

My friend's case hasn't been resolved as yet. The IRS did ask him if he got any forms from the employer, which he didn't. I hope they go after the employer. He paid him cash, and filed him as expense and did not give him a W-2 or a 1099. I hate people who want to put others in trouble.

 

[insaneanil]

hey , i am DV 2010 winner too and i am currently on F1 status. I have worked without proper work authorization and filed for tax return too. I have decided to go for CP. I heard that once i go for CP my F1 status will be over and in case i fail in my interview for CP i will have to apply for a new VISA in order to get back to the states. Is that true???? please let me know

 

[bentlebee]

Good be true and harder to obtain a visa once you are rejected...but that counts for any one who is rejected a visa.