If at certain time during H1B status, I worked a second job/illegal as we all know/, how is that going to affect future emplyment GC process, and does the length of the unauthorized work matter, in other words, if I stop working at the second job now, before filing and stay "clean" next years, is that going to help me, or not?thank you for all your answers
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Unaithorized Work and green card through employment
- Thread starter gkis
- Start date
forever485
Registered Users (C)
I guess there is no definitive answer to your question. I have seen this question raised in a number of forums, without any solid answer. But I can relay one comment from an immigration attorney in a forum - The chances that an adjudication officer (for I-485) will seek unauthorized employment in a case is almost zero.
well that's what my laweyer says, but I guess when you know you're doing something not right you seek more reassuring answers....then let me ask this question, does it matter how long do i work illeagally. so if i quit now, do i have better chances or not?forever485 said:I guess there is no definitive answer to your question. I have seen this question raised in a number of forums, without any solid answer. But I can relay one comment from an immigration attorney in a forum - The chances that an adjudication officer (for I-485) will seek unauthorized employment in a case is almost zero.
thanks
gkis said:If at certain time during H1B status, I worked a second job/illegal as we all know/, how is that going to affect future emplyment GC process, and does the length of the unauthorized work matter, in other words, if I stop working at the second job now, before filing and stay "clean" next years, is that going to help me, or not?thank you for all your answers
You need to check whether you are eligible to use 245 (I) or 245 (K).
When you did unauthorized job did they cut taxes from your salary. There is chance that Social security might be informing the USCIS if some one is on the visa.
Usually if you are clean after your last entry some time time you may get away with that.
When you ask such questions including your chronology will help lot.
Hi, thank you everybody for answering these questions.
I have been working a 2nd job/unauhtorized emplyment for a loooong time, more than 1 year/, i have renetered the country twice since I got my H1B visa. My employer is about to start the GC process, so I have a lot of waiting in front of me. I have been paying taxes and giving my SSN, so there is no way to hide it. My question is if get to I-485 , reenter the country and stop working illeagaly, is that going to help? My lawyer says "don't worry", but I do. I mean I am not sure even if I should start the process if my doings will obstruct it.
The other question is do you think it's going to make a difference if I do consular processing , not AOS?
Hopefully, i decribed my situation more clearly. The big questions is should I try, do I have a chance, given my records? Thank you!
I have been working a 2nd job/unauhtorized emplyment for a loooong time, more than 1 year/, i have renetered the country twice since I got my H1B visa. My employer is about to start the GC process, so I have a lot of waiting in front of me. I have been paying taxes and giving my SSN, so there is no way to hide it. My question is if get to I-485 , reenter the country and stop working illeagaly, is that going to help? My lawyer says "don't worry", but I do. I mean I am not sure even if I should start the process if my doings will obstruct it.
The other question is do you think it's going to make a difference if I do consular processing , not AOS?
Hopefully, i decribed my situation more clearly. The big questions is should I try, do I have a chance, given my records? Thank you!
PendingGC1
Registered Users (C)
gkis,
Seems your lawyer(firm name?) is very confident about your case. Best suggestion is take 2nd openion from different lawyer.
Seems your lawyer(firm name?) is very confident about your case. Best suggestion is take 2nd openion from different lawyer.
gkis,
if your employer is willing to sponsor your green card then do not miss this opportunity! the whole process of AOS is going to take at least a year. in the mean time you should quit unauthorized job, visit home and reenter US with a clean record. you can always do consular processing. my friend got her green card through employment by doing CP. It was a breeze.
do more research, get other lawyers' opinions.
if your employer is willing to sponsor your green card then do not miss this opportunity! the whole process of AOS is going to take at least a year. in the mean time you should quit unauthorized job, visit home and reenter US with a clean record. you can always do consular processing. my friend got her green card through employment by doing CP. It was a breeze.
do more research, get other lawyers' opinions.
rga said:gkis,
visit home and reenter US with a clean record. you can always do consular processing.
That may not be advisable If USCIS found that he was working illegally for more then 6 months he may be subjected to 3 year or 10 year bar.
imwatcher123
Registered Users (C)
Even though he has been engaged in unauthorized employment for a long time, he will not be subject to the 3- or 10-year bar as long as he does not overstay his I-94 more than 6 months. If he currently does not have a valid H1B visa, leaving U.S. and then coming back to file AOS is a bad idea. The best option for GC is via CP.tammy2 said:That may not be advisable If USCIS found that he was working illegally for more then 6 months he may be subjected to 3 year or 10 year bar.
Last edited by a moderator:
I have a valid H1B visa, last time I reentered USA was the end of February, 2005, so I still am within the 180 days. I am planning to quit my unauthorized emplyment as soon as possible, before the 180 days are over. I have reentered twice, still working a 2nd job, never had a problem, I was never out of status, so I guess quitting is the best option.Thank you all for your answers and if anybody can add anything I'll appreciate it. Thanks!
imwatcher123 said:Even though he has been engaged in unauthorized employment for a long time, he will not be subject to the 3- or 10-year bar as long as he does not overstay his I-94 more than 6 months. If he currently does not have a valid H1B visa, leaving U.S. and then coming back to file AOS is a bad idea. The best option for GC is via CP.
This law also is applicable to those who violated the terms of their non-immigrant visas.
The day he starts his unauthorised work he went out of status.
TheRealCanadian
Volunteer Moderator
tammy2 said:This law also is applicable to those who violated the terms of their non-immigrant visas. The day he starts his unauthorised work he went out of status.
No.
Out of status means exactly nothing when it comes to the 3/10 year bars. The only way to be subject to them is by illegal presence, nothing else.
I can enter on an H-1B, get laid off a week later and stay in the USA for 3 years and 173 days before I get subject to the 3-year bar. As a Canadian citizen, I can enter as an "undocumented B visitor" (no I-94) and overstay for 50 years and still not be subject to the bar, since I've accumulated no illegal presence.
imwatcher123
Registered Users (C)
unitednations said:If one loses their job and stays for the full extent of their I-94 card, how did they not violate their h-1b and be subject to the bars?
Only accumlation of unlawful presence more than 180 days applies to the 3- or 10-year bar. Unlawful presecne is different from violation of status or out of status. For those legally admitted, they do not start to accumulate unlawful presence unless they
1. stay after I-94 expires (and no EOS or COS filed), or
2. have been found in violation of status by CIS or an immigration Judge.
unitednations said:did a little bit of research on this:
http://www.immigration.com/newsletter/h1bholder.html
f you folks get laid off, you are out of status the day you stop working.
Q. What if your company has promised that they will not revoke your H-1; does that make a difference?
A. It makes some difference. You are still out of status the day on which you stop working. But the dreaded 180 day period that results in the dreaded 3-10 bar* would not apply to you until your I-94 expires or INS catches on that you are out of status.
I know lots of folks including me, back in 1999, where there was n't option of woking for new employer upon immediately filing h1-transfer, one has to wait 6+ months to get H1 transfer approval and then only work for new employer.
So, the period from h1/transfer-filing with latest pay-stubs ( may be one month old stubs) to approval (6+months) one can safely stay 'without working'. There is no uscis radar to track them since H1/tranfer is retroactive to filing date.
Officially as per I-94 and H1s, every thing is PERFECT. One can request HR(prev or current) to provide exp letter matching to H1 dates which is not big deal.
As per USCIS, ICE and POE, it's questionable and clock ticks 'officially' illegal and violation of stay only past I-94 date.
lohith said:One can request HR(prev or current) to provide exp letter matching to H1 dates which is not big deal.
What gives? In H1 visa status, all that matters is being in payroll. Experience letter never counts.
pralay said:What gives? In H1 visa status, all that matters is being in payroll. Experience letter never counts.
Exp letters for filing 140 and g-325a( for 485) biography info where uscis checks for any holes/gaps for illeagal employment and stay.
You need latest pay stubs ONLY for H1 exts/transfers/stamping. And, more over, uscis/POE/consulates dont check for gross income(YTD) on pay-roll against h1 effect date since one can need not to start new employment on RD/AP date of h1 transfer.
TheRealCanadian said:No.
Out of status means exactly nothing when it comes to the 3/10 year bars. The only way to be subject to them is by illegal presence, nothing else.
I can enter on an H-1B, get laid off a week later and stay in the USA for 3 years and 173 days before I get subject to the 3-year bar. As a Canadian citizen, I can enter as an "undocumented B visitor" (no I-94) and overstay for 50 years and still not be subject to the bar, since I've accumulated no illegal presence.
But in that case he is not doing any unauthorized work. Here in this he has even submitted tax returns from unauthorized employment.
lohith said:Exp letters for filing 140 and g-325a( for 485) biography info where uscis checks for any holes/gaps for illeagal employment and stay.
Well, atleast I would not advise anyone to provide incorrect information in G-325A to cover any hole (which can be perjury). The applicant should provide the correct information - means joining date and termination date (not "matching H1 date").
hanging in here
Registered Users (C)
This is not central to the issue discussed here,lohith said:Exp letters for filing 140 and g-325a( for 485) biography info where uscis checks for any holes/gaps for illeagal employment and stay.
but I get the impression from the forum that (for i-485) the CIS checks more than just g-325 (bio section) for gaps in status. As you may recall, the bio section only covers the last five years. I've seen in the forum examples of rfe asking for the explanation of status for the whole period since a person has first arrived in the us.