Help on G-325A Biographic Information

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Hello,

I am filling out my wife's Biographic Information and needed some help/information. She was on F1 before becoming H4. While she was on F1 usle SSN use garera bahira kaam garthiyo and now she is on H4. She is not working now. Yo form ma employment history ko information dinu parne cha...I don't think we should mention this...has anyone had similar experience. Please advise.

nepalikanchha

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You don't want to lie so I would consult an immigration lawyer.

alche

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if you were working on checks, put it out there. it really doesn't matter. nagad ma kaam gareko bhae, kura arkai hunthyo.

I485

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Hicky,

I had asked this question myself few weeks ago.

From what i understand is Lying at this stage is bad. If you lie and during the background checks and other checks if they find out then that looks like a trouble.

There's a rule called 245k rule where USCIS states that if you do status violation (that includes: Out of status, Unauthorized work etc) not more than 180 days then you can invoke this rule and still qualify for Green Card. However if it's more than 180 days and you haven't re-entered US again in valid non-immigrant visa then that's another problem.

If one re-enters US in a non immigrant visa then USCIS doesn't count prior to last legal entry.

NOTE: These are my understandings only. I am not a Lawyer. Please consult with immigration attorney.

beautigrl

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mero sathii lai ni testai va cha , but DV case ho khai sachho lekhne ki ke garne vandai tension ma thio....tax file pani garyo re 2 tal..sidai reject gar6 hola dekhauda nadekhauda jhan tension usko sano baby ni cha us born ki dismiss hun6 ki baby ko coz...don't know

hicky

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Thanks. These are great replies and suggestions. However, is there anyone out there who have had actually been though this situation and can share their experience.

Racheeta

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If your wife has worked using SSN then you can't hide it... Even if you hide, if they later find out you'll be in trouble. It's most likely that they will not care that much of the work but hiding is bad.
It really depends on how tough the immigration officer is. It's about luck.

Has she gone to Nepal after that and re-entered US in a valid non-immigrant visa ? If she worked during F1 and she went Nepal and came back to US in H4 then that should be fine. Like I485 mentioned above, after she enters US on a valid non immigrant status USCIS can't go prior to her last lawful entry. Otherwise they have the right to look 5 years employment history and do background checks.

In the end, USCIS most likely won't deny I-485 for such things but that's how everyone thinks until someone experiences that.

Find and immigration Lawyer and explain all these things. He/she will be able to tell you what to do and what not instead of asking questions in sajha.

Just because someone in Sajha says don't mention that work history , you'll be fine doesn't mean you shouldn't. You should take steps so that if you're that one unlucky person your lawyer maybel able to handle that case nicely later on. That's the reason why we hire Lawyer.

One more thing: If she's still working I would avoid doing that during the I485 process just to be on safe side.

Good Luck.

Last edited: 13-Dec-13 01:51 PM

Racheeta

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Here's the exact memo about 245k rule from USCIS.

The following classes of employment-based adjustment of status applicants under section 245(a) are eligible for relief under 245(k):
(A) An alien who is present in the United States pursuant to a lawful admission and whose adjustment of status application is based on an approved immigrant petition for them as the beneficiary in one of the following classifications:

EB-1: aliens of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives;
EB-2: aliens who are members of the professions holding advanced degrees or aliens of exceptional ability;
EB-3: skilled workers, professionals, and other workers; or
EB-4: religious workers described in section 101(a)(27)(C) of the Act only.
Other employment-based immigrant classifications and other immigrant classifications are not a basis for consideration under section 245(k).

(B) An eligible derivative of an alien described in (A) may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission.

hicky

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Thanks Racheeta for this information. As per this, and I hope I am reading it correctly..that if my wife has worked without authorization for more than 180 days then she will not be eligible.

We all have worked in various places while on F1, paid taxes and filed for returns. Does this means that we are not eligible. My wife has not worked for the last 1 year after she transferred from F1 to H4. I am trying to get though my company lawyers but its hard to talk to them directly.

Racheeta

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Hi Hicky,
Like i said USCIS probably doesn't care about these things unless you have Criminal history, Police Arrests or something bad. But rules are rules and you don't know when they come hunt you down.
I don't know if you heard a case about 9 students in Kansas and how they were caught after many years of showing fraud bank balances for proving their eligibility to pay tuition.

Now Let's get back to the point on one of your statement: "We all have worked in various places while on F1, paid taxes and filed for returns".....
--> Yes i agree. But most of the students do that while they are on F1 BUT they travel back to home, come back again. Maybe get H1 and travel back home and come back again. So they get washed out of their violation after re-entering United States. Read this guidance:

245(k) guidance states "The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s LAST LAWFUL admission."

So, Most people are covered with this rule. Once you re-enter US in a valid non-immigrant visa your are considered clean. That's why i asked you whether your wife has gone outside of US and re-entered again after her unauthorized work ?

hicky

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No she hasn't gone out. She stopped working a year ago, applied and received her H4 visa.

Racheeta

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Okay.
However, DO NOT LIE about employment. They shouldn't question you on this but if they do, you must tell the truth. They shouldn't deny you because of unauthorized employment but they can deny you for lying.

I would have a immigration attorney to back my case so that if USCIS questions anything or issues RFE asking for documents to show work authorization, immigration attorney maybe able to handle it properly.

hicky

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Racheeta. Thanks for all your help. This is a very good advise. Appreciated.

Sparty

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Hicky,

While applying for H4 what did she write on form I-539, section 3 (g) and 4?

gallery

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Hi Hicky,
Here is the like. Read this, It will help you and dont panic. Dont worry and you will be allright. i have seen many people who worked using SSN n got greencard.

http://www.justanswer.com/immigration-law/4tpo4-f1-student-worked-off-campus-ssn.html

Thanks..

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