unauthorized work issue!!!

2

2001beibei

New Member
Hi all, I really need your advice. My problem is:

I came in US in fall 2006 with F1 Visa. In summer 2007, I worked off-campus in Macdonald for less than three months without authorization.

In March 2008, I filed the tax return for my unauthorized work in Macdonalds. Right now in summer 2008, I am working for internship. I apply the CPT for this summer and get the new I-20 form.

I never leave US. Now I worry about my previous unauthorized work in summer in 2007. Is my F1 visa out of status? Does it affect my future applications for H1B or green card? Do I need to leave US and come back again? Is there any way that I can erase my record for unauthorized work? Thank you very much. Please give me some advices.
 
You should talk to an attorney, but here are some pointers. You went out of status when you engaged in unauthorized work, and you are out of status ever since. As such you are deportable if there ever find out. Since F1 is a D/S visa you are not unlawfully present though, so you shouldn't have any problems leaving and re-entering (no 3/10 year bars). I would recommend you leave the US and re-enter. That will put you in new fresh status. H1B COS should not be a problem, they don't check your tax returns. For GC application you have to submit your tax returns and they will likely see this, so make sure to talk to an attorney about your options before you file for a GC.
 
Hi, nscagony. Thank you very much. I will contact the attorney next week. But I still have three problems:

First, I am confused my status. I am currently in CPT and the immigration issues the new I-20 form. If I am out of status, why does the immirgration issue the new I-20 to me?

Second, I can leave and re-enter U.S. But I worry that whether they will allow me to re-enter the U.S. I am afraid that I can not come back again. I do not know whether they will check my previous out-of-status. If I want to choose to leave and re-enter, do I need to go back to my homeland? Can I leave to Canada and come back to US?

Third, I read some news about the 180 days exemption for the unauthorized work? Is this true? Can I use this exemption instead of leaving and re-entering? Thank you very very much.
 
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You are not out of status unless they catch you(fidns out that u worked wihtout authorization), its not gonna effect on ur any future application. Cuz u worked and stoped working. Dont worry and if u wana hire attorney they will charge you arms and legs, so its up to u now. but dont worry about the status and ur good to go.ause fnd dont confuse urself.
 
faith4u said:
You are not out of status unless they catch you(fidns out that u worked wihtout authorization), its not gonna effect on ur any future application. Cuz u worked and stoped working. Dont worry and if u wana hire attorney they will charge you arms and legs, so its up to u now. but dont worry about the status and ur good to go.ause fnd dont confuse urself.
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yup, i know someone who worked illegal. when he was about to go thru adjustment of status, his attorney told him that there was absolutely no way he could do that since he has worked illeally. he didn't have any other choice so he went ahead and filed his I-485 and today, he is a permanent resident. this happened almost 3 yrs ago
 
Gambling on USCIS not noticing the additional income on your W2 is possible but not wise. Its much easier to restore proper status than deal with a denied I-485.
 
nscagony said:
Gambling on USCIS not noticing the additional income on your W2 is possible but not wise. Its much easier to restore proper status than deal with a denied I-485.
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Hi nscagony, I prefer to leave to clear off my records. But I worry about that I can not come back if I leave. Is it possible? Do I need to worry that? Thank you very much.
 
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