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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 06-06-2006, 05:59 PM
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renec is on a distinguished road
Default Employment violation

I need some advice here:
I was OPT last year and due to some confusion I continued working for 3 weeks after my OPT expired. When I discovered this I stopped working till my H1 became valid and then started working again.
Can someone who has experience with this tell me how serious is this violation and is there something I can do now to minimize the effect.
Thanks in advance
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  #2 (permalink)  
Old 06-06-2006, 06:36 PM
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radhikac is on a distinguished road
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It wont matter till your I-485 comes up for approval. There is some law where a officer can forgive such violations upto sixty days or so I think.
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  #3 (permalink)  
Old 06-06-2006, 07:07 PM
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Quote:
Originally Posted by renec
I need some advice here:
I was OPT last year and due to some confusion I continued working for 3 weeks after my OPT expired. When I discovered this I stopped working till my H1 became valid and then started working again.
Can someone who has experience with this tell me how serious is this violation and is there something I can do now to minimize the effect.
Thanks in advance
You are considered to have been out of status on your F1 visa. If your H1 visa is not yet stamped, do NOT go to mexico, canada or any third country to get your visa stamped.You are supposed to go back to the consulate in your home country.
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  #4 (permalink)  
Old 06-06-2006, 07:12 PM
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renec is on a distinguished road
Default

Thank You, nice to know there is such a law.
I wonder though how conducive are the officers are to using it, and do you need to appeal or does he just use his discretion.. does anyone at this forum have experience?
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  #5 (permalink)  
Old 06-06-2006, 07:19 PM
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logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute logiclife has a reputation beyond repute
Default Wait a sec

I would really not do what you are doing and that is...a two line question and a two line answer to that(no disrespect meant to anyone here).

Most likely, 3 weeks out of status is nothing...its bupkiss compared to what USCIS many times pardons. However, law has its nuances and so does it's interpretation and I wouldnt sleep peacefully until I talk to an immigration lawyer. Only a professional would know what is the right question to ask you and then only you can be sure that ALL bases in your situation are covered.
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  #6 (permalink)  
Old 06-06-2006, 08:25 PM
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waitnwatch is a splendid one to behold waitnwatch is a splendid one to behold waitnwatch is a splendid one to behold waitnwatch is a splendid one to behold waitnwatch is a splendid one to behold waitnwatch is a splendid one to behold waitnwatch is a splendid one to behold
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Quote:
Originally Posted by logiclife
I would really not do what you are doing and that is...a two line question and a two line answer to that(no disrespect meant to anyone here).

Most likely, 3 weeks out of status is nothing...its bupkiss compared to what USCIS many times pardons. However, law has its nuances and so does it's interpretation and I wouldnt sleep peacefully until I talk to an immigration lawyer. Only a professional would know what is the right question to ask you and then only you can be sure that ALL bases in your situation are covered.
logiclife's advice seems to hold water given my experience. One of my friends and his wife were both H1-B's until she gave up her job. Her foolish assumption was that she automatically moved to H-4. Net results was that she had to petition the INS/USCIS for forgivness through a lawyer. So I would sure take this thing seriously, talk to a lawyer and get things resolved sooner than later. I'm sure though that the issue can be resolved...
Good luck
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  #7 (permalink)  
Old 06-06-2006, 08:36 PM
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mrajatish will become famous soon enough mrajatish will become famous soon enough
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245 (K) will be applicable for you if/when you apply for Adjustment of Status for Green card. You should be ok as long as the violation was less than 181 days.
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