Verification at Home Land Security for employment

[patracy 1]

Question: Will immigrant visa be denied if you are on F1 visa and worked while in school? My spouse was asked to come back, because there is no EAD to verify employment and will need to contact homeland security for that. is there a fine for such? Any one or knows anyone in our similar situation. please advise

[Bobby+Umit 161]

Working without permission is an adverse factor - there is no such fine, however, they could deny the visa - unless it was really outrageous (like using a fake SSN) - they may require a waiver.

Really depends on all the factors in your case.

You mentioned F-1 - they can get permission to work, without an EAD (based on a valid I-20 and the work being on campus) - was that the case for the person?

Or did they work off campus, and did they have a valid SSN?

[Harsh_77 718]

Need more details, was your spouse caught working off campus, was he/she deported back for working illegally without permission?

[patracy 1]

Need more details, was your spouse caught working off campus, was he/she deported back for working illegally without permission?

no my spouse worked on and off campus during school.

my spouse has a valid SSN n went through the verification with homeland security and was granted approval to work part time.

My spouse return back home after marriage to renew the F1-Visa n was denied because was married to US citizen. Now after two years stay in Ghana, they want to verify employment authorization while on F1-Visa before approving immigrant visa. All evidence of genuine marriage is excellent said the CO, but should come back on Dec. 5th. We are currently under administrative review due to working off campus and paid taxes.

We have joint tax return filed n does not owe IRS. However my spouse worked off campus making about $29K annually for one year and stopped. We also had a co-sponsor for the petition just to be more on a safer, even I earn $45K annually n over the poverty level.

Edited October 19, 2011 by patracy

[Bobby+Umit 161]

no my spouse worked on and off campus during school.

my spouse has a valid SSN n went through the verification with homeland security and was granted approval to work part time.

My spouse return back home after marriage to renew the F1-Visa n was denied because was married to US citizen. Now after two years stay in Ghana, they want to verify employment authorization while on F1-Visa before approving immigrant visa. All evidence of genuine marriage is excellent said the CO, but should come back on Dec. 5th. We are currently under administrative review due to working off campus and paid taxes.

We have joint tax return filed n does not owe IRS. However my spouse worked off campus making about $29K annually for one year and stopped. We also had a co-sponsor for the petition just to be more on a safer, even I earn $45K annually n over the poverty level.

So do you have the EAD or something to use to show that the employment authorization was granted?

If you made 45K - and it's just you two - no need for a co-sponsor.

[patracy 1]

So do you have the EAD or something to use to show that the employment authorization was granted?

If you made 45K - and it's just you two - no need for a co-sponsor.

My spouse made $29K working without EAD. The home hand security approved his permit to work under F1 visa at a public school for part time. I make $45K alone.

Edited October 19, 2011 by patracy

[jarta 24]

i went to college in US too. i did work on campus because my I-20 allowed that and when i was done college i did OPT and i got EAD (OPT) for it. if he did indeed got approval from homeland security, his I-20 should have been updated with that. i remember i had to update my information with my school every 6 months about where i was working and if my address in the US had change. if he had done that maybe he would have been in the system and he could easily have been verified..but i might be wrong.

when i returned back to the Ghana and went for a tourist visa, i told the CO that i worked and he looked surprised and i explained to him that i did OPT. when i try to show him my EAD, he said its okay because i think he could see it the system. its also on my I-20. anyway i got a 5 years multiply entry visa. have your husband contact his school and maybe they can help with that..

[patracy 1]

i went to college in US too. i did work on campus because my I-20 allowed that and when i was done college i did OPT and i got EAD (OPT) for it. if he did indeed got approval from homeland security, his I-20 should have been updated with that. i remember i had to update my information with my school every 6 months about where i was working and if my address in the US had change. if he had done that maybe he would have been in the system and he could easily have been verified..but i might be wrong.

when i returned back to the Ghana and went for a tourist visa, i told the CO that i worked and he looked surprised and i explained to him that i did OPT. when i try to show him my EAD, he said its okay because i think he could see it the system. its also on my I-20. anyway i got a 5 years multiply entry visa. have your husband contact his school and maybe they can help with that..

He did not do the OPT after studies and did not work at all after studies. After studies he returned home to renew his F1 visa, but was denied because he was married to US citizen, but have not yet petitioned forhim. The issue now is while in school, he worked on campus, later on worked off campus without EAD. however he was verified by homeland security and was approved to work off campus for 20hours, but he continued to work off campus at a company for one year withot EAD. i know it complicated and thinking of seeking a lawyer, perhaps he may be fined or granted a waiver. we need an advise.

[jarta 24]

He did not do the OPT after studies and did not work at all after studies. After studies he returned home to renew his F1 visa, but was denied because he was married to US citizen, but have not yet petitioned forhim. The issue now is while in school, he worked on campus, later on worked off campus without EAD. however he was verified by homeland security and was approved to work off campus for 20hours, but he continued to work off campus at a company for one year withot EAD. i know it complicated and thinking of seeking a lawyer, perhaps he may be fined or granted a waiver. we need an advise.

working off campus without EAD does complicate things. sorry to hear that. so the CO asked him to come back in Dec with something showing that he got approval from homeland security? i dont know if this would help, but he could show the CO his approval for his on campus employment which is usually on the I-20..the CO might be happy with that. i feel like COs are pretty hard on those who usually go to school in the US..that's just my personal opinion. maybe get a lawyer ready on hand just in case. good luck.

[patracy 1]

working off campus without EAD does complicate things. sorry to hear that. so the CO asked him to come back in Dec with something showing that he got approval from homeland security? i dont know if this would help, but he could show the CO his approval for his on campus employment which is usually on the I-20..the CO might be happy with that. i feel like COs are pretty hard on those who usually go to school in the US..that's just my personal opinion. maybe get a lawyer ready on hand just in case. good luck.

Yes he showed him the e-verification for both his on and on campus job, but the CO wanted to make sure and find out from his other employment with Ford company. That he does not have an EAD for, so we will have to contact a lawyer about that. he had no idea of such since he was verified according to the Ford comapny and worked there for 20hours as an off campus job n 40hours when school is not in session.

Need more details, was your spouse caught working off campus, was he/she deported back for working illegally without permission?

The answer to your both question is no. he was not caught working off campus nor deported.

[jarta 24]

Yes he showed him the e-verification for both his on and on campus job, but the CO wanted to make sure and find out from his other employment with Ford company. That he does not have an EAD for, so we will have to contact a lawyer about that. he had no idea of such since he was verified according to the Ford comapny and worked there for 20hours as an off campus job n 40hours when school is not in session.

The answer to your both question is no. he was not caught working off campus nor deported.

wow the CO is going to contact Ford to verify? i will advise you guys to give Ford a heads up about this. here is what is tricky, if you work off campus while in college, the amount of time you worked off campus is subtracted from your OPT time when you complete college and apply for OPT. i think the best person or organization to help you guys out would be the school that he went. you will need the international student coordinator or Designated School Officials (DSO)to write a letter explaining why he was allowed to work off campus and also have the school update his information in SEVIS. this is kind of important. when you are student they look you up on SEVIS, that is where all that information will be... that might help. definitely get the school involved. good luck and i hope everything works out.

[patracy 1]

wow the CO is going to contact Ford to verify? i will advise you guys to give Ford a heads up about this. here is what is tricky, if you work off campus while in college, the amount of time you worked off campus is subtracted from your OPT time when you complete college and apply for OPT. i think the best person or organization to help you guys out would be the school that he went. you will need the international student coordinator or Designated School Officials (DSO)to write a letter explaining why he was allowed to work off campus and also have the school update his information in SEVIS. this is kind of important. when you are student they look you up on SEVIS, that is where all that information will be... that might help. definitely get the school involved. good luck and i hope everything works out.

Wow....will do thanks. How about getting a lawyer too involve. Is it worth it?

[jarta 24]

Wow....will do thanks. How about getting a lawyer too involve. Is it worth it?

i might be completely off on what i am saying so i will advise you talking to a lawyer...you know i'm no expert so try getting other opinion.

[patracy 1]

i might be completely off on what i am saying so i will advise you talking to a lawyer...you know i'm no expert so try getting other opinion.

I spoke to an immigration lawyer today n he advised to wait for the administrative processing results and pray all goes well. its solely under the consulate discretion n if it comes out bad I should contact him.

[patracy 1]

Working without permission is an adverse factor - there is no such fine, however, they could deny the visa - unless it was really outrageous (like using a fake SSN) - they may require a waiver.

Really depends on all the factors in your case.

You mentioned F-1 - they can get permission to work, without an EAD (based on a valid I-20 and the work being on campus) - was that the case for the person?

Or did they work off campus, and did they have a valid SSN?

he had a valid ssn n worked off campus.