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SertTurk
12-23-2006, 01:40 PM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...

perm2gc
12-23-2006, 03:51 PM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...
How come you are to able to work on H4.The law doesn't permit you to work on H4.I am not sure you attorney is saying correctly that nothing will happen.You will have to explain lot of questions when you go for consular processing.

The visa appointment dates cannot foreseen eventhough you have priority date.sometimes you get in 2 months or it can take long.

harsh
12-23-2006, 08:56 PM
According to law H4 visa holders can not work and get paid for their work. If you did volunteer work then that should not be a problem. Otherwise you will be deemed as to have worked illegally. That can cause problems during your 485 stage including denial of 485.

zCool
12-23-2006, 09:09 PM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...
What do you mean "I had to work"? you have worked while on H4 visa and paid taxes?? who gave you work? under what authorization?
what were you thinking paying taxes while working illegally?
and in that case.. why didn't you just apply under 245i case?

saurav_4096
12-23-2006, 09:29 PM
According to law H4 visa holders can not work and get paid for their work. If you did volunteer work then that should not be a problem. Otherwise you will be deemed as to have worked illegally. That can cause problems during your 485 stage including denial of 485.


I can understand that law do not allow H4 to work but how does does USCIS will come to know that someone on H4 had worked ? Do they ask to submit all the tax return documents of individual ?

immilaw
12-23-2006, 09:55 PM
According to law H4 visa holders can not work and get paid for their work. If you did volunteer work then that should not be a problem. Otherwise you will be deemed as to have worked illegally. That can cause problems during your 485 stage including denial of 485.

Harsh, FYI, volunteer work for a not-for-profit is ok. If you volunteer for profit company, the US CIS considers it gainful employment.

SertTurk
12-23-2006, 11:49 PM
It might sound stupid but we did not know that I could not work when we moved to US. All our plans were accordingly and we thought we can both work if one of us gets an h1-B. So when we found out, it was too late and financially I needed the cash in order to survive. I already had a social security number which I got back in 1984(I went to college in US). So I worked several jobs in 2000-and 2001 until we found a way to support ourselves. And of course I paid taxes because that is a big offense...
I will explain this during the interview and hope they do not make it a big deal...

ksircar
12-23-2006, 11:53 PM
Did you all contributed to IV?

anilsal
12-24-2006, 01:50 AM
During the CP, are past tax statements verified? If not, maybe this person who has worked in the past on H4 may not have major problems.

Any experiences from members?

perm2gc
12-24-2006, 02:32 AM
It might sound stupid but we did not know that I could not work when we moved to US. All our plans were accordingly and we thought we can both work if one of us gets an h1-B. So when we found out, it was too late and financially I needed the cash in order to survive. I already had a social security number which I got back in 1984(I went to college in US). So I worked several jobs in 2000-and 2001 until we found a way to support ourselves. And of course I paid taxes because that is a big offense...
I will explain this during the interview and hope they do not make it a big deal...
Do you want to explain them why you worked on H4.Then they will come to know that your partner is not having job and she/he deemed out of status.It is good if you contact couple of other good immigration lawyers and try to find a way.Too be frank..you are in a big mess.

harsh
12-24-2006, 11:22 AM
Harsh, FYI, volunteer work for a not-for-profit is ok. If you volunteer for profit company, the US CIS considers it gainful employment.

I did not know this. You learn something new everyday.

senthil1
12-25-2006, 09:34 AM
It is highly riskier to do Consular processing. If Consulate notices any illegal activity they can reject gc and you cannot do anything. So it is better to adjust status from here. You will have some option here and you can appeal the decision and somehow you can get the gc. But risk is more in Consular processing. Lot of times they may not notice and you may get. I think filing I485 here is having more probablity to get gc


It might sound stupid but we did not know that I could not work when we moved to US. All our plans were accordingly and we thought we can both work if one of us gets an h1-B. So when we found out, it was too late and financially I needed the cash in order to survive. I already had a social security number which I got back in 1984(I went to college in US). So I worked several jobs in 2000-and 2001 until we found a way to support ourselves. And of course I paid taxes because that is a big offense...
I will explain this during the interview and hope they do not make it a big deal...

SertTurk
12-25-2006, 01:05 PM
senthil,

I have a good attorney, probably the best in Fort Lauderdale area. He has told me:
1-I have to choose consular processing because I accepted illegal employment.
2-waiting time for interview will be much shorter when you choose consular processing.

I also heard from a friend that one of his friends was in the same situation. They went to consular processing and told the consulate the truth. He accepted illegal immigration and paid his taxes. They gave them the GC. Our lawyer things we will be ok also. But he says I should never lie...Knowing the witches at the consulate, I have my doubts. I just hope if something goes wrong at least my wife gets hers because she did not do anything wrong...

harsh
12-25-2006, 01:36 PM
i am not sure if consular processing is the safest option to go or not. But I agree with you that most times it is best to tell the truth (only if they ask and not volunteer) as officers tend to be more lenient if they feel you are telling them the truth and you made an honest mistake. If they feel like you are taking them for a ride then pretty sure they will deny it. I am pretty sure they can not deny GC for your wife for this reason.

perm2gc
12-25-2006, 03:36 PM
senthil,

I have a good attorney, probably the best in Fort Lauderdale area. He has told me:
1-I have to choose consular processing because I accepted illegal employment.
2-waiting time for interview will be much shorter when you choose consular processing.

I also heard from a friend that one of his friends was in the same situation. They went to consular processing and told the consulate the truth. He accepted illegal immigration and paid his taxes. They gave them the GC. Our lawyer things we will be ok also. But he says I should never lie...Knowing the witches at the consulate, I have my doubts. I just hope if something goes wrong at least my wife gets hers because she did not do anything wrong...
Senthil,Please don't judge your case with others.sometimes VO at consulate may be reject the entire GC application itself.If you are within USA you can aplly but if you are outside,it will be hard part.Even if you go for consular processing don't say them until they ask you.

Good Luck!!!

chanduv23
12-25-2006, 07:58 PM
When u worked on h4, how did u fill the i-9 form and what pieces of evidence did u provide for ur authorization to work?

SertTurk
12-26-2006, 07:56 AM
I am not sure what I-9 is. I just filed out job application and entered my social securty number. They never even asked for the actual card(which I have lost a long time ago).

Gravitation
12-26-2006, 09:22 AM
When u worked on h4, how did u fill the i-9 form and what pieces of evidence did u provide for ur authorization to work?
I-9 is a recent phenomena.

anilsal
12-26-2006, 09:41 AM
Does USCIS scrutinize an applicant's tax records during 485/cp process? I thought they only looked at the employer's records.

perm2gc
12-26-2006, 12:57 PM
Does USCIS scrutinize an applicant's tax records during 485/cp process? I thought they only looked at the employer's records.
Heard that they are doing now for employee also.

anilsal
12-26-2006, 01:20 PM
So do they ask the employee to submit tax files when filing for I-485? or does USCIS get the files from IRS?

The reason I ask is if it is needed at the time of filing the papers, then I might as well get the missing tax records from IRS. This is provided I am able to file I-485. ;)

katrina
12-26-2006, 01:56 PM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...

Hi SertTurk,

If you no longer working and you always in status during your stay in US (from 2000-now), the easiest way you can clear your past illegal working history is by going out from united states (take a vacation) for couple days or a month then coming back with the new I92. Once you admitted back to united states you can apply your adjustment of status fine here in US.

If you can't go out from US till your I485, then consular processing is the best way. Of course there is always risk involved when you are out from united states but that will be the safest way to apply for your GC.

perm2gc
12-26-2006, 03:36 PM
So do they ask the employee to submit tax files when filing for I-485? or does USCIS get the files from IRS?

The reason I ask is if it is needed at the time of filing the papers, then I might as well get the missing tax records from IRS. This is provided I am able to file I-485. ;)
You have to submit your W2's for all the years you are in US.But i know few people who has submitted 2 year's of W2's and got GC. IRS has given access to its database to USCIS but it depends on the officer by officer.Some may varify and some don't.

gomirage
12-26-2006, 08:23 PM
What if on the other side one has two concurrent H1B and was only working for the full time ? Will that be a problem when applying for GC ?

SertTurk
12-27-2006, 01:25 AM
Hi SertTurk,

If you no longer working and you always in status during your stay in US (from 2000-now), the easiest way you can clear your past illegal working history is by going out from united states (take a vacation) for couple days or a month then coming back with the new I92. Once you admitted back to united states you can fine here in US.

If you can't go out from US till your I485, then consular processing is the best way. Of course there is always risk involved when you are out from united states but that will be the safest way to apply for your GC.

KATRINA,

Can you please explain "apply your adjustment of status " part? and how sure are you if this would work...

Never did anything illegal other then working for 2 years (had to as explained above) or never over stayed my given time frame since 1984(first time I came to US). I have left US multiple times after 2001. As a mater of fact, I am in Istanbul right now. I have been here for 3 months and going back to USA this week. But I do not understand how I should apply for adjustment or why this would clear my record...

katrina
12-27-2006, 12:58 PM
KATRINA,

Can you please explain "apply your adjustment of status " part? and how sure are you if this would work...

Never did anything illegal other then working for 2 years (had to as explained above) or never over stayed my given time frame since 1984(first time I came to US). I have left US multiple times after 2001. As a mater of fact, I am in Istanbul right now. I have been here for 3 months and going back to USA this week. But I do not understand how I should apply for adjustment or why this would clear my record...

If you already out from united states since you were working illegaly (sorry to said this but I have a relative that also made an honest mistake work while they are in H4 status and have no Idea that they can't do that eventhough they work from home) when you back in to United states whatever you did previously is not counting anymore.

So for example, you've worked from Jan 2000- Dec 2001 but on January 2002 you were out from united states for 3 month then on April 2002 you're back in to united states with new I92, INS is don't care anymore regarding your past history all they care is you not making anymore mistake start from your april 2002 forward. So pretty much your Jan 2000-Dec 2001 record is clear.
Once you out then get back in you pretty much making a new record (unless it criminal :) whatever record I've mentioned here is regarding working while you are not permitted)

If from april 2002 you never work under H4 and your status clear you are free to apply your adjustment of status in US (adjustment of status is submit your I485 in United states instead of Consular processing).

Hope I explained this quite well. My relative who have similar problem talk to more than 3 lawyer to find solution for their problem and all of them give the same answer ( Go out then comeback or consular processing if you can't go out at all till I485).

Hope this is help. :p

paskal
12-27-2006, 01:08 PM
"you're back in to united states with new I92"

did you mean I-94?

SertTurk
12-27-2006, 01:25 PM
Thank you for the explanation...Very interesting...I already left and came back 5-6 times. I still don't understand why a consulate worker would not care. When it comes down to it, I accepted illegal employment. Going in and out does not change this fact and I need to answer YES if they ask me this question. Though we are hoping this would not cause us a problem for our case...

But from the posts here to my question, at least 2 members stated knowladge of a friend having the same problem and getting their GCs which makes me happy.

cellphone
12-27-2006, 01:34 PM
What ever you do, tell the truth.....and be prepared to answer any questions that they may ask. Going out of the country and coming back in may "cancel" your working in the US on H4. But, have an answer for every possible question that they may throw upon you.

katrina
12-27-2006, 01:52 PM
[QUOTE=paskal]"you're back in to united states with new I92"

did you mean I-94?[/QUOTE


You're right :)

katrina
12-27-2006, 01:57 PM
Thank you for the explanation...Very interesting...I already left and came back 5-6 times. I still don't understand why a consulate worker would not care. When it comes down to it, I accepted illegal employment. Going in and out does not change this fact and I need to answer YES if they ask me this question. Though we are hoping this would not cause us a problem for our case...

But from the posts here to my question, at least 2 members stated knowladge of a friend having the same problem and getting their GCs which makes me happy.


I guess they do care about it but not make a big deal out of it since you already out from United states anyway and besides you did pay taxes.

Regarding answer yes about illegal employement it depends on the question basically if they ask you if you ever accepted illegal employement since the last time you were admitted to US then the answer is NO.

good luck

SertTurk
12-27-2006, 02:27 PM
That site is not allowing me to copy anything... I guess mods can delete it if they think it is not ok.

shahrooz
12-28-2006, 09:51 PM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...

What? :eek: you're on H-4 visa and you're working? How come? As far as I know, that's illegal and if you get busted, you'll face serious problems.

pmpforgc
12-28-2006, 11:59 PM
Hi

This is interesting. I would like to add one situation about one of my friend.
He was on F-1 then on OPT and then on H-1B. He worked for above two yrs or so. He wanted to change company and he sent Papers to lawyer of the other company B. The Attorney infomed that his status is not valid as H-1B as per his H-1 B approval notice ( I assume it does not contain I-94 attached to it) he was suppose to Go out of country and get H-1B stamping. He worked for above two years on this situation not knowing that he has to get H-1 B stamped. ( His current comapny A's attorney never informed him to do thatwhen Original H-1 B was approved !!) All this preriod He paid all taxes, filed I-9 etc and was working legally.

So immidiately went to H-1 B stamping in CANADA and he wnet to through some well known layer there. He was able to get H-1B stamped.

So now I dont know what will happedn to his last two yr of work. He is actually waiting for his GC based on marriage with GC holder.

Can some one have input if some thing like this has happened to other peoples?

glus
12-29-2006, 10:27 AM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...

I know someone who worked when he should not and is OK. He was on F1 when worked and paid taxes. Later, changed to H1 and filed I485. Left U.S. with AP and went for H1 stamp. Got stamped and came back using H1. Later withdrew I-485 (said his attorney found some error in the 485 petition). Later refiled I485. About 3 months ago he received his GC (eb2). As far as he said never they asked him about the employment during f1. I am not sure if that's helpful in your situation.

SertTurk
12-29-2006, 03:46 PM
I know someone who worked when he should not and is OK. He was on F1 when worked and paid taxes. Later, changed to H1 and filed I485. Left U.S. with AP and went for H1 stamp. Got stamped and came back using H1. Later withdrew I-485 (said his attorney found some error in the 485 petition). Later refiled I485. About 3 months ago he received his GC (eb2). As far as he said never they asked him about the employment during f1. I am not sure if that's helpful in your situation.

Yes very, it makes me feel better even though it has nothing to do with my interview. Although my case is a little different. I have to state that I accpted illegal imigration on the forms. I am pretty sure this is one of the questions so there is no question it will come up during the interview...I am just hoping they would not make it a big deal. We applied in 1999 and it is now 2007. I only worked 1,5 years part time waithing the total 8 years...

doratheexplorer
05-09-2010, 09:12 AM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...

Oh, similar situation and need help. Before he was a H4 he was a J2 so we have SS and In fact my husband won only 700 $ before we realize he cannot earn money (he sold through an gallery some old paintings of his). We took all work from his galleries. We did not . What can we do. We want to apply for GC.Can they refuse GC for just 700???

ivgclive
05-09-2010, 09:35 AM
KATRINA,

Can you please explain "apply your adjustment of status " part? and how sure are you if this would work...

Never did anything illegal other then working for 2 years (had to as explained above) or never over stayed my given time frame since 1984(first time I came to US). I have left US multiple times after 2001. As a mater of fact, I am in Istanbul right now. I have been here for 3 months and going back to USA this week. But I do not understand how I should apply for adjustment or why this would clear my record...

Whatever reasons you give, the work during the 2 years was clearly illegal. You paid taxes also (good for IRS, but not for INS).

Nowadays, the systems are integrated better than they were before. You may or may not be caught on this.

The only item left is how to answer a question in CP or 485 interview whether you have done anything illegally in the past.

There are always 50% people here to advise you to say "NO" as you were not aware.
There are always 50% people here to advise you to say "YES" as truth sometimes helps.

So, you pick up one attorney from a handful on your plate. Decide you are going to follow him. Ask him what to answer, go for it. Rest is in God's hand.

It appears you have you links with US since 1984, almost more than 25 years. Believe that your hard work (if you have been really honest) will not go waste.

Good Luck.

number30
05-09-2010, 02:09 PM
My wife started the H1-B journey in 2000 and we are 1 month away from reaching our proirity date. I have an H-4 through my wife and I had to work when we first came to US. I paid taxes for 2 years and stopped working. Our attorney said even though it is hard to predict what will happen to me, he says INS does not mind it that much. He said they actually like it in most cases.
1-Is there anyone here who knows for a fact what kind of treatment I will be getting when our consular processing date comes?
2-How long should I expect to wait for invitation for consular processing when the visa bulletin date reaches our priority date?

Thanks for helping...

Did you go for Stamping or renewed the visa after working on the H4? If yes

On most the Non-immigrant extension forms (Like I-539 ) or DS-156 there is question
"Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States"

What was your Answer for that question ?

doratheexplorer
05-09-2010, 04:38 PM
Did you go for Stamping or renewed the visa after working on the H4? If yes

On most the Non-immigrant extension forms (Like I-539 ) or DS-156 there is question
"Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States"

What was your Answer for that question ?isa, they will not give you a new one.

what do you answer?
can you say yes?
that means the violation of the visa.What can you do? it was only a mistake.please anybody had that experience??