H4 worked with ITIN - Consequences 4 GC

[gene-O]

Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

Thank you,

[fall2004us]

Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.

[NH123]

Originally Posted by fall2004us

Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.

Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks

[smuggymba]

you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.

Originally Posted by gene-O

Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

Thank you,

[gene-O]

Still looking for a knowledgeable response specifically to the questions asked.

[fall2004us]

Originally Posted by NH123

Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks

Go here
http://immigrationvoice.org/forum/fo...migrant-visas/
click on new thread

[dealsnet]

You will not any answer for illegal matters.
What you did is illegal. Any H1B person can know H4 cannot work.
It is not the matter of ignorance.
Please see a lawyer.

Originally Posted by gene-O

Still looking for a knowledgeable response specifically to the questions asked.

[weasley]

I think you have got knowledgable response.
1. It is illegal to work on H4.
2. Your wife is OOS.
3. You need a good lawyer.
You cannot expect better response than these unless you are expecting IV members to suggest some illegal ways to overcome your situation (if you are truly in that situation). I am sure you are not going to get any response than above as IV stands for Legal Immigration.

Originally Posted by gene-O

Still looking for a knowledgeable response specifically to the questions asked.

[wandmaker]

Originally Posted by gene-O

Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

Thank you,

This is a forum for lawful immigrants, not for unlawful.

[bikram_das_in]

Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.

[gene-O]

1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.

[eb3retro]

Originally Posted by gene-O

1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.

i am really surprised that you are here asking these questions again and again even after many people telling that we do not support illegal activities. I am not sure which part of it you dont understand. IF you are expecting sympathy for your illegal activities, you have come to the wrong place my friend. Please re-read above answers from other members telling you to contact a lawyer. Reason you are in a hard situation now is because you have taken some wrong steps in the past knowingly or unknowingly. So, please do not expect any short cut solutions for your problems here or for that matter anywhere else. That will only land you in more trouble.

[eb2_mumbai]

First of all I am not going to judge you by your actions because I do not know the full story of why you did it.

Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you

2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.


My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.