H1B out of status forgiveness at IR AOS

B

barryfaetheus

Registered Users (C)
Hi.
My wife is planning to enter soon on H1B sponsored by a software consultancy. Due to the questionable practices of some of these organizations, there is the possibility that she will fall out of status at some point during her employment with them.

Meanwhile, I am a permanent resident, and have filed an I-130 for my wife, which is currently pending. I'll be eligible for citizenship in about 2 years, and if I get it, I will then upgrade my wife's I-130 petition.

My understanding is that out-of-status violations are forgiven for US citizen immediate relative petitions, right? So even if she doesnt get paid during some of the next 2 years, that shouldn't be an issue for her AOS, correct? As long as she hasnt stayed beyond the date on the I-94, and hasnt been detected to be out-of-status and ordered to leave i.e. is not illegally present. Am I missing anything?
 
Why would she complicate her naturalization by her failure to maintain proper status in the US.

You need to rethink becoming a citizen if you will plot to knowingly violate US laws even while a LPR. You have such poor moral character as demonstrated by your posting that you will have difficulty in the future when your character is needed.
 
I am not knowingly intending to violate US laws at all. My wife is entering into an employment contract in good faith, and all the documentation she has received supports that.

My question is regarding her situation should her employer choose to violate the law. In that case, her future should be protected. I am simply trying to establish that should this happen, she would not have contravened US law and therefore this should not affect her green card petitions. To the best of my understanding, out-of-status does not equal illegally present.
 
You are correct about OOS and illegal presence. I advise that if there is concern about the legitimacy of her employer that she look for another. The vast majority of employers are ethical and try to abide by the law. Are you overly concerned because of the reports on the forums or do you have good reason to be concerned bacause of the specific employer she has contracted with? If the first, don't worry; if it is the second, my first statement holds.

There is a listing of banned employers. Unfortunately, it does not list the employers with current or pending investigations. Word of mouth in the employee networking is your best resource for identifying problem employers.
 
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