GC Problem -- Needs Expert Help

P

pingvin

New Member
Hello everybody,

I am about to start my GC processing, but I have a huge concern that keeps me sleepless.

While being on a F-1 visa, I was working for a company on a paid Curricular Practical Training for 4 months (for duration of internship class) without being properly authorized by ISA since my instructor and I were completely unaware of this regulation. I was employed through a consulting agency that knew that I was an international student on a paid internship but they did not require any authorization documents. Later on in the same year I got EAD for a part-time Optional Practical Training.

Now, I am wondering about potential risks related to this unfortunate fact and to which stages in a GC processing these risks pertain (e.g. LC, I-140, I-485) since my W-2 shows income earned (4 months full-time + 3 months part-time) in this period while being properly authorized just for a portion of this interval (3 months part-time). These events have happened a few years ago.

Again, I was completely unaware of this problem at the time, but in other hand I understand that it was my obligation to follow-up with ISA before starting my employment.

Please note that I am a H1B holder.

Thanks in advance for your help.
 
This will haunt you

at the time of I485, where past violations are raked up. Hopefully the W-2s required for you to file will be from your h1 days. IRS cross check is performed by INS at this stage, but IT returns and W-2 s from your h1 days might convince INS not to look too much in your past..
 
There are a lot of people in the same boat

I have seen similar posts in the past, and from what I could understand it 'usually' is not that big a deal. I have read some people mention '245k' which is some rule that can protect you. I did some research but couldnt find any information on this rule.

Your 'work out of campus without proper authorization' was not for more than 180 days so that might help your case to some extent.

As Jaxen mentioned in his reply, if this 'violation' was three or four years ago and all the W-2's that you submit are your H1-B earnings related, that might help you too.

And finally think about it this way, what other choices do you have? Do you want to obtain a green card and stay in this country legally? If yes, then you dont really have too many options. Consult a lawyer, use your judgement, apply for it and see what happens.

I know somone who is in a similar situation. Send me an email at tim607@yahoo.com and I can share that information with you.

Tim
 
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