Unauthorized Employment – Family Based GC

J

Jamidon

Registered Users (C)
I have a unique situation which can easily disqualify me for AOS. Any help in this regard would be greatly appreciated and I wish best of luck to all other participants of this website..

My case is f1-opt-h1. In the recent past I have done an unauthorized employment for company B (as a part time employment) while maintaining H1 for company A. I know this was the most stupidest thing to do…. … Now .. I have been married to US citizen (married about 10 months ago) and now planning to file I-130 and I-485.

Question is … will this unauthorized employment cause denial to my AOS ?

My current H1 is still valid and I am still working for company A. (I have stopped working for company B long time ago)

Again any help in this regard would be very greatly appreciated. Thanks!
 
Concerned4us..... thanks for your input and quick response... Should I list company B (employment dates and stuff ) on I485 application ? Because the application asks for employment history for past 5 years.

Regards,
 
marriage to USC forgives unauthorized employment when it comes to AOS, however, if you lied on illegal work before to obtain visa or so, you'll be in trouble.
 
... totally agree.... I shouldn't be hiding anything from these applications.
Guys .... anyone else has any opinion on my case ? Thanks all!
 
Your illegal work will be forgiven because you are marrying USC. List both your legal and illegal work regardless - in your history, and remember you will have to submit your tax returns, which will definitely show your illegal work.
 
jupiter07 said:
Your illegal work will be forgiven because you are marrying USC. List both your legal and illegal work regardless - in your history, and remember you will have to submit your tax returns, which will definitely show your illegal work.
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Hmm...this is making me a bit worried. I was on H1B that expired in May 2007 (worked for just one sponsoring company from 2000 to 2007). From May 2007 to Oct 2007, I did occasional freelance work for a company (I do marketing/PR) and was given a 1099 at the beginning of 2008, and filed/paid for the taxes.

However, when my husband became a US citizen in August 2008, I filed for I-485 and did NOT list the freelance work in the biographic page (G-325 form), just my sponsoring employer. It was an honest mistake, I swear. I didn't even think about it because they were technically NOT an employer, but a client (it was freelance work, per-project basis, no regular hours).

So yes, I paid taxes on the income I made, but I didn't include it in the bio page.

HELP! Will this be an issue??? Thanks....
 
ilovethe80s said:
Hmm...this is making me a bit worried. I was on H1B that expired in May 2007 (worked for just one sponsoring company from 2000 to 2007). From May 2007 to Oct 2007, I did occasional freelance work for a company (I do marketing/PR) and was given a 1099 at the beginning of 2008, and filed/paid for the taxes.

However, when my husband became a US citizen in August 2008, I filed for I-485 and did NOT list the freelance work in the biographic page (G-325 form), just my sponsoring employer. It was an honest mistake, I swear. I didn't even think about it because they were technically NOT an employer, but a client (it was freelance work, per-project basis, no regular hours).

So yes, I paid taxes on the income I made, but I didn't include it in the bio page.

HELP! Will this be an issue??? Thanks....
Click to expand...

Just fill out a new G-325a, bring it with you to the interview and mention it to the IO.
 
Thanks all.

This is something USCIS does on a discretionary basis ? or is there any ruling on that ?

I am just trying to asses if I need a lawyer. Thanks!
 
Jamidon said:
This is something USCIS does on a discretionary basis ? or is there any ruling on that ?
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There is no discretion. Section 245 explicitly prohibits USCIS from denying your adjustment on the basis of unauthorized employment if you are an Immediate Relative of a US citizen.

They can, of course, deny it on the basis that you lied on the G-325, if they believe you made a deliberate and material misstatement under oath.
 
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