Are you saying that CP doesn't care if you lie on your papers...or if you worked without permission (illegally)?
AOS working with no work auth
- Thread starter jor
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Are you saying that CP doesn't care if you lie on your papers...or if you worked without permission (illegally)?
from what i understand, if you worked illegally and state in on your form, and you do cp( there would not be a cause for inadmissibility or bar) but in my own situation where its not on my form, then it can get risky (because they can count it as lying which is called misrepresentation and that is grounds for inadmissibility). I think i need to relax and hope for the best. I dont know how much of one week, unpaid work could affect me, although they wrote down my social security when i started work.If any thing, it could be argued as volunteered work.
I really wish i know what would come up under my name when they do a background check/ employment check. Because if it is not in my records, then i dont have to worry about it.
They need to proof that you received money in exchange for the work. If you never received anything you don't have to worry.
Since you didn't receive any money there aren't any tax stubs to be found...so IMo you should stop worrying...only people who worked for money without approval have something to worry about....even if they don't have to fill it out, it could be a question that can be asked during the interview and maybe USCIS already has proof of it...and if you give the wrong answer, you might have some explaining to do or be ready for a denial due to lying...not having to fill anything out is saving any one of being asked under oath...
Again you should be fine and lucky that you quit so fast and never received any funds...which makes a volunteer case
Since you didn't receive any money there aren't any tax stubs to be found...so IMo you should stop worrying...only people who worked for money without approval have something to worry about....even if they don't have to fill it out, it could be a question that can be asked during the interview and maybe USCIS already has proof of it...and if you give the wrong answer, you might have some explaining to do or be ready for a denial due to lying...not having to fill anything out is saving any one of being asked under oath...
Again you should be fine and lucky that you quit so fast and never received any funds...which makes a volunteer case
Thanks for your help June.
Probably I will do the same, visit Canada by flight, see the Niagara falls ( I have never been there
) and reset my i-94. hopefully its gonna help. my number was current in october but seems i'm gonna delay everything for a while. could you please update this thread if there is anything new. thanksGuys, by no means I want to create an argument here but I read this thread and there are certain things that are a little scary to me. I really am not sure about the following statements:
1) "You can always travel to somewhere and get your new I-94". Well, that's relative to your current status. Example: if you are on AOS and you don't have an advance parole, then you are abandoning your case.
2) No payment means that you worked as volunteer? I don't think that's true, it depends on what the employer declared, it does not matter if you got paid or not.
3) I have never heard that a new I-94 will clear your unauthorized employment. I would double check this with a lawyer.
4) Can someone confirm that you can do CP after the AOS is denied? It doesn't sound good to me.
Again, I just wanted to give you guys a heads-up. Please, be sure of what you are going to do and, if you have doubts, please consult with a specialist. Remember that every case is different.
Good luck to everyone!
1) "You can always travel to somewhere and get your new I-94". Well, that's relative to your current status. Example: if you are on AOS and you don't have an advance parole, then you are abandoning your case.
2) No payment means that you worked as volunteer? I don't think that's true, it depends on what the employer declared, it does not matter if you got paid or not.
3) I have never heard that a new I-94 will clear your unauthorized employment. I would double check this with a lawyer.
4) Can someone confirm that you can do CP after the AOS is denied? It doesn't sound good to me.
Again, I just wanted to give you guys a heads-up. Please, be sure of what you are going to do and, if you have doubts, please consult with a specialist. Remember that every case is different.
Good luck to everyone!
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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?
Hello lil,
I am sorry but I don't know how to answer your question. Maybe if you can contact them? They should had filled an I-9 for employment eligibility verification. If don't think they would had filed you as an employee if they knew that you were not eligible as they too are responsible.
At the end of the yr you should have gotten you tax paper from the employer...I agree with 12009 that not every job is seen as a volunteer job, but in your case when it was only a few days and not money exchanged...you can't in no means call it a real job...otherwise you could sue for lost wages...
In your case I would never call your so called employer and wake some one up....it can only harm your case.
I was just as shocked as you reading all that advise....only #2 I think that employer never declared anything....a few days and never gotten anything for your tax return...
Yes bentlebee, I am not a specialist but this thread just didn't look good to me.
I don't think that the employer declared anything either but it is a possibility. Unfortunately, unauthorized employment or unlawful presence are not good for Adjustment of Status under the DV program. There are some exceptions but they don't apply for DV cases.
I found a good article in this link: http://www.murthy.com/news/n_nscuna.html
Good luck everybody!
Hi there!
I have similar problem!My wife was selected for further processing in the dv lottery.We've been in the USA on F1 status for the last 5 years,so we decided to do AOS.We have been working during that time without work authorization.I am wondering whether to indicate that in the forms.Does anyone know if they check(and how)for working history.If there is someone with experience,please share it!
I have similar problem!My wife was selected for further processing in the dv lottery.We've been in the USA on F1 status for the last 5 years,so we decided to do AOS.We have been working during that time without work authorization.I am wondering whether to indicate that in the forms.Does anyone know if they check(and how)for working history.If there is someone with experience,please share it!
If you fill it out in a dishonest way...and you sign the papers and they find out, you will be denied a GC.
The OP stated she worked for a few days but didn't get any money for it...that is different than having worked for a long period without approval, that might be a huge issue...but maybe you are lucky...lying on official papers is dangerous and you might be better of to get advise from a lawyer.
Good Luck
If you fill it out in a dishonest way...and you sign the papers and they find out, you will be denied a GC.
The OP stated she worked for a few days but didn't get any money for it...that is different than having worked for a long period without approval, that might be a huge issue...but maybe you are lucky...lying on official papers is dangerous and you might be better of to get advise from a lawyer.
Good Luck
Hi,
I think F1 students are ok to work but has to be only in the school that is giving F1. E.g college or university. Lots of international students do it. Even on your social security card will state that. When you apply for F1 school will say that. This is true as far as I know. It's only problem if you work outside campus.
In my case it was outside campus,i've paid taxes,filed for tax returns...I wonder if they can find out that i worked and if their background checks include checking work history.
P.S.I have an immigration lawyer already, but he is not quite experienced in that matter.If you know any experienced lawyers that can give me an advice,please post.
P.S.I have an immigration lawyer already, but he is not quite experienced in that matter.If you know any experienced lawyers that can give me an advice,please post.
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Thanks for your help June.
Probably I will do the same, visit Canada by flight, see the Niagara falls ( I have never been there
Sure, where are you currently live..
is that possible that you request for CP since i think i am really in headache for waiting the interview and worry these and those...
also if my financial situation allow me to hire lawyer, i would love to do so...
but i have tight monthly budget...
so i will keep you post since my EAD has been approved..and i will go to canada when i get my EAD
I just send you some names of very good lawyers...Good Luck
If you filled for tax returns it will be very easy to recover since the INS and IRS (that is what they were called before USCIS) are in contact with each other....do to illegals, etc...
i have done the research on will uscis get out tax return record from IRS
the answer is no ....Legally USCIS do not have access to IRS records. This is the IRS law. USCIS should have a court order in order to have access to the tax information.
This is the official government report that explains the challenges of data sharing between USCIS and IRS and until this date, the data sharing has not happened due the huge cost and the complexity of the project.
http://www.gao.gov/new.items/d06100.pdf
BUT KEEP IN MIND your tax return may need to show in interview. At that time, you can't run away from work without authorization
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??
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?
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!