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  • To Jack

    Jack, if you have a question, post a thread of your own instead of always asking on other people's thread.

    Your question is unclear, elaborate also. Someone will probably know the answer to your question.

  • #2
    Jack, if you have a question, post a thread of your own instead of always asking on other people's thread.

    Your question is unclear, elaborate also. Someone will probably know the answer to your question.

    Comment


    • #3
      Thank you marie. Here is my question:
      One is now in legal H1 status. But in the past, before she obtained H1 status, she has worked illegally for 3 years. Will her green card I-485 application (employment based) be rejected? Anyone with any opinion? marie?
      thanks

      Comment


      • #4
        i485 based on what? marriage? work?

        Comment


        • #5
          Work.
          Thanks.

          Comment


          • #6
            Like TheBeta said on the other post, you probably are going to be denied.

            Here is the eligibility info from the INS site:
            http://www.ins.gov/graphics/howdoi/LPReligibility.htm

            People who work without INS permission are not eligible to adjust their status unless they married a USC.

            Like TheBeta said, get a good lawyer maybe they will know something we don't.

            Comment


            • #7
              Jack, I have done some research on this. A friend of mine applied for Adjustment of Status after H-1.

              He was denied because he had worked illegally while on F-1. Though it had been several years. I would suggest getting an excellent lawyer.

              My friend on the other hand had a job in Canada and resettled there!

              Comment


              • #8
                If she can't adjust by I-485, can she apply
                through consular processing? Assuming that
                her I-140 is already approved.
                thanks
                jack

                Comment


                • #9
                  The best thing would be to ask a lawyer, if there is another way.

                  Recieving wages that you are not entitled to is a serious offense, you will definitely have problems. I have had the same problems and am proceeded to be removed from this country. I on the other hand am married to US citizen and still having a lot of difficulty.

                  Lets just hope for the best for everyone!

                  Comment


                  • #10
                    there is this form Supplement A to Form I-485 Adjustment of Status Under section 245-I and employment without authorization fall into it. But then in order to be qualified to file for it you should be :
                    1. a beneficiary of a visa petition filed on or before January 14, 1998
                    2. a beneficiary of Visa petition filed on and after January 15, 1998
                    3. a beneficiary of an application for labor cert, filed on or before Jan. 14, 1998 and before April 30, 2001
                    4. a beneficiary of an application for labor cert filed on or after Januray 15, 1998 and on or before april 30, 2001 .....
                    check If you can apply for this, better a good lawyer.

                    goodluck

                    Comment


                    • #11
                      Can't she use provision in section 245(k) ?
                      thanks
                      jack

                      Comment


                      • #12
                        What do you mean by 245k?

                        Comment


                        • #13
                          I think section 245k is provision in the immigration law that allows certain people who have worked illegally to apply for AOS.

                          Comment


                          • #14
                            Those married to a USC.

                            If you have worked illegally and marry a USC you can still apply for AOS.

                            Comment


                            • #15
                              I disagree. I believe 245k can be used for employment based AOS under certain conditions.
                              Perhaps somebody here in this forum can tell
                              what the conditions are. I am certain that being married to USC is NOT one of them.

                              Comment



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