Please advice !!!

I

IPC302

Registered Users (C)
My friend is on H1 ,he has always maintain his status and have filled for 485 a month back , recently he met a girl on H1 and wants to marry him .. the only issue with the girl is that she is on bench and her company has not paid for last 5 months , no pay no paystub etc.. They have not cancelled her H1 and keep telling her that they are looking client for her ...for daily living she is doing some part time job at some desi store ...

Now the question is if he marries the girl and applies for her greencard as she becomes his dependent is there any chance that at the adjustment BCIS might reject her case because of her current status ...(if they find out ... )

He is going to consult his lawyer but just thought incase anyone on this forum has any idea about this kind of case.

Thank you.
 
There was some law change last year which will help the spouse in this case, even if she is out of status for a while. 2nd thing BCIS don't ask for pay stubs etc if she is filed as an depedendant.
 
Reliance .. thanks for the info ... any one with more suggestion/ideas/experience for this kind of case .
 
IPC302


First of all if she is in H1 she can't work in any company other than that filed her H1. Therefore she abandoned her status by working in store. Secondly INS will find out what she was doing if she is working using her SIN. How? The new system will check her work history and BINGO they will know she was working illegally and break the law if she doesn't use her SIN that is even worst. Don't mess with the law and try to break it if anyone does that it is 10 years ban to enter to USA. Don't forget this is a public site and anyone can read what you wrote even INS.

Regards
 
wwossen ,

Thanks for the advice . I will inform my friend about this and its up to him to decide what he wants to do .He will consulting with hiw lawyer coming friday .

We have this scenario in mind that the reason i asked for him to the group . The problem here is that he has completely fallen for her and hence he is seeing his options ...
:D Rest is their luck
 
IPC302

Your friend will have no problem and he can take this chance if he really like to marry her. She is not yet out of status as long as her company keeps her in H1 but she has to think twice for working in store. God forbid the worst that might happen to your friend is they might reject her case not his.

Good Luck
 
I dont think any store owners will pay thru their payroll. They will be just paying cash. This is not recorded anywhere. As far as out of status is concerned, I think this could be managed. A smart lawyer could file her I-485.
 
IPC302,
If she has to act fast, get married immediately, and apply for I-485 and EAD etc. Should become legal dependent and may be can work with EAD later. But if she continues on staying on H1 she will get into more trouble......

Also, do not get angry....
You did not pose the correct question.
One can also understand that if there is "no" problem with GC, your friend will marry her. But, if there is a problem for her GC, even if they like each other very much, your friend will not marry her. So "business = marriage"???
Remember.... GC is just an insurance to stay in US for a longer time so as one could decide ones future in more elobrate time. But marriage is for a lifetime. Sorry do not think otherwise.
 
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Peace of Mind,

Did i mention anytime that my friend is not going to marry if there is a problem ... i wrote he is looking into options ....that if thats a possibility what else he can do as precaution ... i.e applying for canadian green card or something else ....

my whole purpose to post on this site was to get any kind of response from those who knows anything about such cases which will allow him to decide and prepare for future ...suppose 10 of the readers from their personal experience say that there is no problem / or there is a problem and they have a b c example it would help him to decide his future course of action

I didnt feel bad about what u wrote .....i felt u became too emotional at least for the time you wrote that response and thats a normal human characterstics ... so why do i feel bad about it .

Thanks.
 
IPC all said and done I would actually be indeed more "business minded" when it comes to the issue of greencard. What your friend needs to be careful about is the longterm. remember if he gets married and cannot get his spouse into this country the legal process of getting a greencard holders spouse is currently taking 5-6 years. Make him aware of this. In light of this he needs to really think about his life longterm whether he is willing to wait 5-6 years to start his married life together, what impact this will have on his spouse, what impact will this have on his happiness long term etc. what peaceofmind has said is all fine and dandy but love and marriage also has lot of practical decisions associated with it.
 
Anand,

Thanks for the advice . It was a good one too. What I'm planning to do is to forward the link of this thread to my friend and let him read the whole stuff too.

Lets see what lawyer has to tell him .

If anyone still knows anything about this kind of case please post it .

Thanks.
 
Cupid collides with INS.... Oops, sorry; could'nt resist!

"They have not cancelled her H1 and keep telling her that they are looking client for her ...for daily living she is doing some part time job at some desi store ... "

Needless to say, it appears that she is breaking several US laws as is her black-market employer.
1. The employer is not witholding federal, state and perhaps local taxes
2. The employer is not making contributions for her social security, FICA medicare etc
3. The employer is perhaps not covering her under their disability insurance (and perhaps other mandatory coverages depending on the state she is working in)
4. Assuming that she has no EAD (pursuant to a I-485), the employer is in contravention of federal labor laws like illegally hiring an alien not authorized to work in the US, perhaps not paying minimum wages etc.

She is also culpable in many of the above transgressions as well. The worst however may be that she is currently out of status as her H-1 becomes invalid in light of her not being paid the prevailing minimum wage. This is perhaps currently off the INS's radar but will likely become a problem down the road.

Given that your friend "fell" for this damsel (in distress?), the least damaging course of action seems to be to immediately get married and change her status to that of a derivative of your friend. Your friend can add her as a dependent on his I-485 filing (who knows, his application may even get taken up by the INS faster because of this, as has happened to a few here). Once this happens, she can restart working on the basis of an approved EAD (she can even go back to the desi store legally as there are no restrictions on what she can do with an EAD!).

Of-course, your friend's chances of getting approved without an RFE/transfer would have diminished somewhat, but then few get approved by NSC without an RFE these days.

Good luck to your friend.
 
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Also look into 245k, it will allow some one to adjust to perment resident(for spouse or dependent only) even if they have been out of status.
Also one is out of status form the day they have over stayed their visa(I-94) or found by a judge or INS officer that they are out of status.
I advice to talk to some high profile lawyer like Shusterman who has tremendous exp. with cases like this.
It is not end of the road, Good luck to your friend.
 
one option for your friend

IPC302,

The girl is potentially in trouble on two counts (although see comments below for each count)
1) violating her H1-B1 by not getting paid while on the bench
2) working without authorization at the store

Assuming she really IS in trouble for those two circumstances and IF they EVER get brought up, the best defense is probably the following: If your friend is grandfathered under the provisions of 245(i) (that is he was present in the US on a certain date a few years back) even if he had violated his status at some point he could still adjust status by paying $1000 penalty. I believe, but am not 100% sure, that this extends to his dependents. So the first thing to check is whether he falls under 245(i) and whether 245(i) can be applied to his wife ONLY.

If 245(i) is inapplicable, then here are my 2c as to the most likely scenario:

Suppose your friend marries this girl, and they submit I-485 for her as his dependent right away.
As part of the I-485 they should submit a copy of her H1-B1 approval notice as support that she was in valid status at the time of the I-485 application and pray that this would be enough.

Then his girl, now wife, will get EAD so she can work wherever she wants. After some years your friend's I-485 will be approved. After even more years, by which time they might be divorced anyway, INS will reach the wife's I-485. Judging from other posts in this forum, it is almost sure that the wife will be transfered to local INS office for an inverview due to the short lenght of marriage at the time of I-485 filing.

After yet some years, at the inverview (or in a possible RFE) the focus will be on whether they had a bona fide marriage, and hopefully less on the status of the girl many years back. It is impossible to predict if the status issue will come up and what evidence will be required if it does, since it will depend on the questions of the individual examiner/interviewer.

Chances are they may never discover that she was on the bench so many years ago and that she worked illegally for the store.

Even if they discover that she was not being paid for a few months of the bench, I think its easy to counter if it is typical for that company or industry. For example, many teachers and college professors get paid only 9 months per year, or resort workers have a certain time of the year off when the resort is closed, although they continue to be employed for that employer.

As for the store work, hopefully its cash only and not reported to IRS. Even if it is reported they'll need to examine in depth her tax return for that year to find out about it, and even then she could claim that she worked for this store only after the EAD pursuant to the I-485 was granted.

So my conclusion is they should hop in the next plane for Las Vegas. The potential problems are so far in the future, and don't seem so serious to me.

Good luck,
atsokbg
 
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