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 i485- Spouse
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Posted on 07-16-14 10:00 PM     Reply [Subscribe]
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I am in the process for applying for Emp based GC. I am adding my spouse on my i485. She is currently on her F1. She worked outside using ssn while she was in school. I am uncertain whether to list her unauthorized employment on the i485 form as she had filed taxes for that. I consulted my lawyer and lawyer said that if she worked less than 180 days then there will be no issues. However, I think he worked more than 180 days. Lawyer suggested either to go back to country and re-enter to reset the 180 days counter. If filing through the lawyer, then we cannot lie and we might be in problem. The lawyer also said that my spouse might be able the file i485 herself w/o attorney. I am not sure about the number of days my spouse worked. What are the alternatives if it is more than 180 days?
Should we tell them about the unauthorized employment or not? Please advice if someone has gone through the same phase.

Thanks in advance.

 
Posted on 07-25-14 12:41 PM     [Snapshot: 187]     Reply [Subscribe]
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I worked on my SSN while on F1 for more than 180 days for sure. I was also worried that if it would cause issues while applying for H1. But it got approved, and I did not travel outside the country. I don't think it's a huge issue. I'm not sure about GC applications for a spouse though. Hope that helps.
Also, I had a question, do you know how long is the wait on EB3 for GC, or do you know a place where I can check it. I've been searching and cant find the queue for Nepal.

Thanks,

 
Posted on 07-25-14 7:09 PM     [Snapshot: 261]     Reply [Subscribe]
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It's a risk u have to take n i guess everyone is taking. One of my friend who had worked on ssn for more than 6 months had no issues getting GC while staying in US. N looks like lots of people have gotten through with no issues. However uscis definitely talks about potential problem in adjustment of status with 180 + of unauthorized work. If you mention ur wifes work on the application, that would definitely raise the red flag, however if don't mention it, they might not find. There r cases when uscis has sent RFE for unlawful presence. It could be like they will randomly audit an application for the work history based on ssn and find some. So u can apply without mentioning the work and hope for the best.
The other option is that ur wife will got out of US and come back on F2 and apply therafter together.

For EB3, current priority date is April 2011 which is i140 receipt date. Considering 8-12 months for other steps till i140 application, total wait time is 4 years which might vary. For updates see. http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-july-2014.html
 


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