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Denials AOS
- Thread starter dollyday
- Start date
Originally posted by dollyday
How did they (BCIS) find out? OR How can they find out?
during AOS processing BCIS checks last 5 years of IRS (tax) records, so a person with unauth. work (with tax paid on ss#) cant get away with it. so it is better to mention that work in form G325A while filing AOS, otherwise if BCIS finds it later on it might be considered as doc/immigration fraud which is a ground for denial.
Now the good news is, if the unauth work is of less than 180 days and its an employer based AOS then the person is covered and protected under INA section 245K, so its not really a big problem, but if it is more than 180 days of unauth work then its a real big problem for the applicant.
Originally posted by dollyday
Thanks Sawill. I once heard that BCIS and IRS do not share information anymore. What do you think?
Yah I also heard the same, and normally they dont share info, but during AOS processing last five years of tax recs are searched thats for sure.
IRS share the info with BCIS,
When your spouse (who was on H4) gets EAD and goes for SSN# IRS verify with BCIS.
When go for AOS the BCIS gets all the info from IRS.
If one worked without Authorization from BCIS, IRS reports it to BCIS.
These days everything is shared with many agencies before approving I-485.
If one has worked unauthorized, will be known to BCIS and if one after working unauthorized writes on any BCIS forms that he/she did not work unauthorized, it is a criminal offence
FYI, I know a case where person was on H1b with company X and joined company Y when he was laid off by X, he joined company Y giving his papers for H1 transfer, employer told him that lawyer has sent H1 transfer papers to BCIS( at that time INS), he started working with Y and received 10-15 pay stubs, at later date he came to know that his H1b transfer was not filed by lawyer. It was complete mistake of company Y and the employee did not ask for filling receipt that was his mistake.
He got new H1, got new H1 visa came to US, joined new employer filed LC, I-140, I-485 and at the time of final interview his all the past record from IRS was before the BCIS officer, I-485 was denied and he left US.
When your spouse (who was on H4) gets EAD and goes for SSN# IRS verify with BCIS.
When go for AOS the BCIS gets all the info from IRS.
If one worked without Authorization from BCIS, IRS reports it to BCIS.
These days everything is shared with many agencies before approving I-485.
If one has worked unauthorized, will be known to BCIS and if one after working unauthorized writes on any BCIS forms that he/she did not work unauthorized, it is a criminal offence
FYI, I know a case where person was on H1b with company X and joined company Y when he was laid off by X, he joined company Y giving his papers for H1 transfer, employer told him that lawyer has sent H1 transfer papers to BCIS( at that time INS), he started working with Y and received 10-15 pay stubs, at later date he came to know that his H1b transfer was not filed by lawyer. It was complete mistake of company Y and the employee did not ask for filling receipt that was his mistake.
He got new H1, got new H1 visa came to US, joined new employer filed LC, I-140, I-485 and at the time of final interview his all the past record from IRS was before the BCIS officer, I-485 was denied and he left US.
Last edited by a moderator:
Originally posted by dollyday
Thanks Sawill. I once heard that BCIS and IRS do not share information anymore. What do you think?
Yah I also heard the same, and normally they dont share info, but during AOS processing last five years of tax recs are searched thats for sure.
Guys , this is very useful information for new comers like me.
I am wondering what are the basic procedures in adjudicating any AOS application under employment based
If BCIS Checks with IRS for Tax returns and total wages stuff, how details they go to verify , was it like annually (like w2s) or monthly or quarterly wise submissions from employer?
If we take a small vacation (like 30 days) without pay , does it verified by BCIS with IRS and can become a grond for denial of AOS?
Please advise...
I am wondering what are the basic procedures in adjudicating any AOS application under employment based
If BCIS Checks with IRS for Tax returns and total wages stuff, how details they go to verify , was it like annually (like w2s) or monthly or quarterly wise submissions from employer?
If we take a small vacation (like 30 days) without pay , does it verified by BCIS with IRS and can become a grond for denial of AOS?
Please advise...
Originally posted by ginnu
IRS share the info with BCIS,
When your spouse (who was on H4) gets EAD and goes for SSN# IRS verify with BCIS.
When go for AOS the BCIS gets all the info from IRS.
If one worked without Authorization from BCIS, IRS reports it to BCIS.
These days everything is shared with many agencies before approving I-485.
If one has worked unauthorized, will be known to BCIS and if one after working unauthorized writes on any BCIS forms that he/she did not work unauthorized, it is a criminal offence
FYI, I know a case where person was on H1b with company X and joined company Y when he was laid off by X, he joined company Y giving his papers for H1 transfer, employer told him that lawyer has sent H1 transfer papers to BCIS( at that time INS), he started working with Y and received 10-15 pay stubs, at later date he came to know that his H1b transfer was not filed by lawyer. It was complete mistake of company Y and the employee did not ask for filling receipt that was his mistake.
He got new H1, got new H1 visa came to US, joined new employer filed LC, I-140, I-485 and at the time of final interview his all the past record from IRS was before the BCIS officer, I-485 was denied and he left US.
ginnu,
the case you mentioned above, has that happened recently ?
Did he work in that way for 10-15 months ? (thats too long and 245(K) can not be applied)
didnt that guy file appeal against the decision ?
thanks
the case you mentioned above, has that happened recently ?
--- It happened 5 months back
Did he work in that way for 10-15 months? (That’s too long and 245(K) cannot be applied)
--- He worked unauthorized 7-8 months
didn’t that guy file appeal against the decision?
--- I don’t know, He left for India
thanks
--- It happened 5 months back
Did he work in that way for 10-15 months? (That’s too long and 245(K) cannot be applied)
--- He worked unauthorized 7-8 months
didn’t that guy file appeal against the decision?
--- I don’t know, He left for India
thanks
Scary
If BCIS really start to point the unauthorized work what they can detect easily by the help of IRS system which should be distributed and accessible to different agancies, it gonna be huge deal for lot of people.
In my life time, I have seen very very very few people who comes to this country as a student and later H1B and then road to GC did not work unauthorized. Almost all the folks I have seen have engaged at least for a certain period of time in unauthorized employment doing some odd jobs to take care of tution fees/others especially in undergraduation.
They offcourse don't put this employment in the form. Now if BCIS starts catching those it gonna bring almost 30/40% of EB based immigration down.
How about somebody works with authorization, but did not mention in the application for some reasons. This is also a fraud, right??
I dont know what gonna happen next. Things are not looking good.
__________________________________________________
I am not a lawyer, and none of my word can be quoted. The above message is based on my observation and experience which could differ from yours.
If BCIS really start to point the unauthorized work what they can detect easily by the help of IRS system which should be distributed and accessible to different agancies, it gonna be huge deal for lot of people.
In my life time, I have seen very very very few people who comes to this country as a student and later H1B and then road to GC did not work unauthorized. Almost all the folks I have seen have engaged at least for a certain period of time in unauthorized employment doing some odd jobs to take care of tution fees/others especially in undergraduation.
They offcourse don't put this employment in the form. Now if BCIS starts catching those it gonna bring almost 30/40% of EB based immigration down.
How about somebody works with authorization, but did not mention in the application for some reasons. This is also a fraud, right??
I dont know what gonna happen next. Things are not looking good.
__________________________________________________
I am not a lawyer, and none of my word can be quoted. The above message is based on my observation and experience which could differ from yours.
Re: Scary
thanks ginnu,
well time has changed in the US for the aliens now and it will keep getting harder for the aliens to get permanent status in this country.
As far as un-auth. work goes there is a difference, if that work is recorded and person paying taxes on ss# thats is certainly going to cause problems at a later time, otherwise a large number of people work on cash basis with no work record esp in big cities, BCIS is not gonna know about that kind of work.
Hiding any recorded info, in current climate, is offcourse not a good idea, because if caught it may be considered as fraud and these guys just look for a valid reason to deny, catch or deport aliens.
thanks ginnu,
Originally posted by Sahin
If BCIS really start to point the unauthorized work what they can detect easily by the help of IRS system which should be distributed and accessible to different agancies, it gonna be huge deal for lot of people.
In my life time, I have seen very very very few people who comes to this country as a student and later H1B and then road to GC did not work unauthorized. Almost all the folks I have seen have engaged at least for a certain period of time in unauthorized employment doing some odd jobs to take care of tution fees/others especially in undergraduation.
They offcourse don't put this employment in the form. Now if BCIS starts catching those it gonna bring almost 30/40% of EB based immigration down.
How about somebody works with authorization, but did not mention in the application for some reasons. This is also a fraud, right??
I dont know what gonna happen next. Things are not looking good.
well time has changed in the US for the aliens now and it will keep getting harder for the aliens to get permanent status in this country.
As far as un-auth. work goes there is a difference, if that work is recorded and person paying taxes on ss# thats is certainly going to cause problems at a later time, otherwise a large number of people work on cash basis with no work record esp in big cities, BCIS is not gonna know about that kind of work.
Hiding any recorded info, in current climate, is offcourse not a good idea, because if caught it may be considered as fraud and these guys just look for a valid reason to deny, catch or deport aliens.
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