Please help! Will name check investigate employment?

F

fyan365

Registered Users (C)
please help me...

i am about to file AOS. Last year my H1-B visa was expired but i've continued working for another 4 months. the HR department of the company was kinda unorganized. my boss did not even realized my H1 was already expired when i finally quit my job.

i have to put the real expiration date on my G-325A form employment part but will name check find the truth out? i am soooooooo scared. please help, thanks everyone!

Fancy
 
oh no

Hi

Any kind of rule breaking/law breaking could be found I believe. The check is very thorough hence it taking a long time to get back to USCIS from FBI. In the words of my pappa there will be t-r-o-u-b-l-e!! :eek:

My advice get a lawyer ASAP.
 
From what I understand about the namecheck - they don't investigate into whether you continued to work even after your H-1B expired. Make sure you don't put the employment end date beyond the visa expiry date in the G-325A
 
little_britains, you scared the hell out of me, but thank you very much.

little_britain said:
Hi

Any kind of rule breaking/law breaking could be found I believe. The check is very thorough hence it taking a long time to get back to USCIS from FBI. In the words of my pappa there will be t-r-o-u-b-l-e!! :eek:

My advice get a lawyer ASAP.
Click to expand...
 
a_usc said:
From what I understand about the namecheck - they don't investigate into whether you continued to work even after your H-1B expired. Make sure you don't put the employment end date beyond the visa expiry date in the G-325A
Click to expand...

Thank you! hope you are right, i will do what you said.
 
First of all , are you currently having any kind of visa or are you out of status?

Don't even think of applying for AOS if you are currently staying in the US without a valid visa status

Before grating your GC,the immigration officer at the interview will check if you are on status throughtout the duration of stay in the US.

My suggestion: talk to a lawyer, they know the rules and hopefully some loopholes!
 
If you're filing AOS because of marriage then there is no problem. IF you were out of status it is forgiven and you will be fine. If you are filing in any other fashion then you could potentially be in trouble.
 
homer simpson said:
First of all , are you currently having any kind of visa or are you out of status?

Don't even think of applying for AOS if you are currently staying in the US without a valid visa status

Before grating your GC,the immigration officer at the interview will check if you are on status throughtout the duration of stay in the US.

My suggestion: talk to a lawyer, they know the rules and hopefully some loopholes!
Click to expand...

thank you. i will file AOS through marriage. my out of status will be forgiven.
 
twopac3 said:
If you're filing AOS because of marriage then there is no problem. IF you were out of status it is forgiven and you will be fine. If you are filing in any other fashion then you could potentially be in trouble.
Click to expand...

thank you twopac3, but will FBI find out that i worked after H1-B expired? what kind of investigation will they do besides criminal check?

thanks!
 
fyan,
i suggest you let a lawyer file your AOS through marriage to USC.
also, read this and you'll feel better after, i know i did :)
i got this in this link: (please note the clause highlighted in red)
http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

Ineligible

There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

You may be ineligible for adjustment to permanent resident status if:

You entered the U.S. while you were in transit to another country without obtaining a visa.


You entered the U.S. while you were a nonimmigrant crewman.


You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.


You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:


You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

Certain foreign medical graduates, international organization employees and family members.


You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.


You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.


You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)


You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)


You are already a conditional permanent resident.


You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.
 
Fyan, as the immediate relative of a USC, the fact that you overstayed on your visa and worked illegally will all be forgiven. So don't worry about it, just go ahead and apply for AOS. Just remember not to leave the country even on an AP until you get your GC.
 
what can I say.... thank you sgsnathan, you guys made my day and weekend!

sgsnathan said:
Fyan, as the immediate relative of a USC, the fact that you overstayed on your visa and worked illegally will all be forgiven. So don't worry about it, just go ahead and apply for AOS. Just remember not to leave the country even on an AP until you get your GC.
Click to expand...
 
It does not matter if name check investigates your employment. I485 asks the question if you have worked w/o authorization. If you did not disclose your unauthorized employment and if they found it, you will never see your family on the US soil for your life time.
 
fyan365 said:
please help me...

i am about to file AOS. Last year my H1-B visa was expired but i've continued working for another 4 months. the HR department of the company was kinda unorganized. my boss did not even realized my H1 was already expired when i finally quit my job.

i have to put the real expiration date on my G-325A form employment part but will name check find the truth out? i am soooooooo scared. please help, thanks everyone!

Fancy
Click to expand...

Your overstay and illegal employment will be forgiven if you apply for AOS as the spouse of a USC, but never lie on the applicaiton forms or try to change dates.

Also, it is entirely your responsibility to keep track of your status in the US and maintain a valid status at all times. Don't blame your HR.
 
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