Unauthorized work and Filing for I485

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gkis

Registered Users (C)
I have an approved I140. Currenty in my 4th year of H1B. Preparing G-325A, Biological Data. Under employment in last 5 years should I list the unauthorized employment. I have a 1 yr and 6 months, worked for Marhsall's and a restaurant, it shows on my tax returns. That was in 2003 and 2004, since then I have entered USA, there is no unauthorized work since my last entry in August, 2006. I think I qualify under 245(k), but should I list it in G325A and any forseeable problems? Any oppinions will be greatly appreciated.
 
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Anyone..please...

Anyone..please offer any comments. I've read many other posts, regarding the same problem, but nobody seems to come back and write what they did, or any RFE's from USCIS.

My lawyer says we should not list any unauhtorized jobs on G325a and send only the 3 yrs tax returns. The amount on the tax returns are litteraly the same for the 3 yrs, i.e there are no big difference in the taxable income.

I read a lot about 245 (k) and know I qualify, since I went for my stamping of H1b extension last year in August (2006) and re-entered, since then not a single day of unauhtorized employment (I stopped my unauhtorized work 2 years ago). I was never out of status in regards to I94, always maintained it.

My big worry (and I do understand I should have tought better before) is if USCIS sends a RFE for my W2s..what will I do then...can I mention 245(k) after the RFE????? PLease help!
 
gkis said:
My lawyer says we should not list any unauhtorized jobs on G325a and send only the 3 yrs tax returns.
Click to expand...

Your lawyer is leading you down a very, very dangerous route. First, you need not submit ANY tax returns or W2s with your I-485. Don't, unless USCIS asks. Second, you MUST declare any employment on the G-325. If you do not, then you're making a misrepresentation in order to obtain an immigration benefit - and that's a HUGE no-no.

Put it this way - what would you rather do: Tell the truth about unauthorized employment, for which there is statutory forgiveness without penalty in your case, or make a false statement which if USCIS ever discovers it (by, say, asking for your W2s) will lead to your adjustment being denied and being declared permanently inadmissible?

So, do you feel lucky? Well, do ya? ;)
 
Thanks RealCanadian...
I thought so...and well I was happy and felt lucky when I saw the visa buletin, now..I'm not so sure.
I guess I'll have a discussion with my lawyer and insist on including the jobs and using the 245 (k)..at least I'll sleep better...I hope. Thanks for the time
 
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