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H1 Visa potential problem

By student28 in Work Visas

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student28 Apprentice

student28   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted

My sister is on her F1 visa(from India) and graduated in Dec 2012. She is now on her OPT and just found a job.

She is hoping that this employer will file her H1 for her.

While she was a student, she did some part-time jobs that were not related to her field of study. She did them to earn extra income. She gave her SSN to these employers and received checks from them.

We were talking to someone and they told us that when she files for H1, USCIS will verify all past jobs with her SSN and when these non-course related jobs come up, there is a chance that her H1 application will be rejected.

Anyone have any experience on this matter?

Thanks !!

We really appreciate it..

Came to the US on F1: Sept 5 2007

Got Engaged : Jan 3 2009

Got Married : July 12 2009

Started work on the AOS papers : Aug 2009

Sent I-130,I-485,I-765 : Dec 5 2009

Package received : Dec 7 2009 signed for by L BOX

Checks cashed : Dec 14 2009

Received NOA's for I-130,I-485,I-765 : Dec 17 2009

Biometrics appt letter issued : Dec 17 2009

Received Biometrics appt letter : Dec 26 2009

Biometrics appt date : Jan 11 2010

Biometrics appointment in New Jersey : Jan 11 2010 took 2 hrs

Forms I-485,I-765 touched : Jan 12 2010

EAD Card ordered : Feb 2 2010

Forms I-765 touched : Feb 2 2010

Notice mailed out regarding I-765 and I-765 touched : Feb 8 2010

EAD received in the mail: Feb 11 2010

Interview letter issued : Feb 19 2010

Interview letter received : Feb 22 2010

Interview Date: March 30 2010

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student28 Apprentice

student28   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
  • Author
Posted

So working a job that is different from the field of study is considered illegal?

If she worked illegally it might show up during the H1 application.

Came to the US on F1: Sept 5 2007

Got Engaged : Jan 3 2009

Got Married : July 12 2009

Started work on the AOS papers : Aug 2009

Sent I-130,I-485,I-765 : Dec 5 2009

Package received : Dec 7 2009 signed for by L BOX

Checks cashed : Dec 14 2009

Received NOA's for I-130,I-485,I-765 : Dec 17 2009

Biometrics appt letter issued : Dec 17 2009

Received Biometrics appt letter : Dec 26 2009

Biometrics appt date : Jan 11 2010

Biometrics appointment in New Jersey : Jan 11 2010 took 2 hrs

Forms I-485,I-765 touched : Jan 12 2010

EAD Card ordered : Feb 2 2010

Forms I-765 touched : Feb 2 2010

Notice mailed out regarding I-765 and I-765 touched : Feb 8 2010

EAD received in the mail: Feb 11 2010

Interview letter issued : Feb 19 2010

Interview letter received : Feb 22 2010

Interview Date: March 30 2010

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CHarvey80 Collaborator

CHarvey80   72

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
Posted

It is. People are not allowed to work on an F-1 visa, unless it has to do with their field of study. That might become an issue.

Relationship and I-130 Process

Sometime in October, 2011: We met online talking about Argentina.
Later in October: Met in person in Philadelphia and became good friends.
March 4, 2012: Became girlfriend and boyfriend, officially.
March 21: Gloria leaves the US at the end of her J-1 Visa.
April 9: Got engaged!
May 12-26: Chris visits Buenos Aires.
May 18: Got married in Argentina :) Happy day!!
May 29: Sent out I-130
June 4: NOA1 received.
August 17-20: Chris visits again.
September 22-29: Chris 3rd visit, Gloria's birthday!
November 11-January 5: Chris stays in Argentina almost 2 months, Gloria is happy!
December 28: NOA2 YAY!!!
December 31: Package received at NVC.
January 18, 2013: Got case # and IIN.
February 6: Case complete!!
February 11: Interview assigned.
February 25: Package received at Embassy in Buenos Aires.
March 18: Interview Approved!!
March 28: Visa received.
March 29: Houston POE

April 11: received greencard!!!!!!!

January 9, 2015: sent out form I-751

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Yes, from experience it can be a problem

An F-1 student is not allowed to work off campus and not allowed to work on OPT in an area not related to her major

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Boiler Grand Master

Boiler   45,532

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

So working a job that is different from the field of study is considered illegal?

If you are that interested why do you not ask her, she knows the deal.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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student28 Apprentice

student28   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
  • Author
Posted

She did not know about this at all.. Someone just told us that it will come up..Will a lawyer be able to help us out?

Came to the US on F1: Sept 5 2007

Got Engaged : Jan 3 2009

Got Married : July 12 2009

Started work on the AOS papers : Aug 2009

Sent I-130,I-485,I-765 : Dec 5 2009

Package received : Dec 7 2009 signed for by L BOX

Checks cashed : Dec 14 2009

Received NOA's for I-130,I-485,I-765 : Dec 17 2009

Biometrics appt letter issued : Dec 17 2009

Received Biometrics appt letter : Dec 26 2009

Biometrics appt date : Jan 11 2010

Biometrics appointment in New Jersey : Jan 11 2010 took 2 hrs

Forms I-485,I-765 touched : Jan 12 2010

EAD Card ordered : Feb 2 2010

Forms I-765 touched : Feb 2 2010

Notice mailed out regarding I-765 and I-765 touched : Feb 8 2010

EAD received in the mail: Feb 11 2010

Interview letter issued : Feb 19 2010

Interview letter received : Feb 22 2010

Interview Date: March 30 2010

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Boiler Grand Master

Boiler   45,532

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Illegal working is usually forgiven when adjusting status through marriage to a USC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

She did not know about this at all.. Someone just told us that it will come up..Will a lawyer be able to help us out?

Lawyer may be able to help but he can't change the fact that your sister worked illegally in violation of her student visa. Not knowing it was illegal does not matter.

Illegal working is usually forgiven when adjusting status through marriage to a USC.

Why are you bringing this up in a work visa thread when no one mentioned marriage? What are you suggesting?

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student28 Apprentice

student28   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
  • Author
Posted

I dont think marriage is an option. My only concern is will her H1 application be rejected or will the working illegally be forgiven?

Came to the US on F1: Sept 5 2007

Got Engaged : Jan 3 2009

Got Married : July 12 2009

Started work on the AOS papers : Aug 2009

Sent I-130,I-485,I-765 : Dec 5 2009

Package received : Dec 7 2009 signed for by L BOX

Checks cashed : Dec 14 2009

Received NOA's for I-130,I-485,I-765 : Dec 17 2009

Biometrics appt letter issued : Dec 17 2009

Received Biometrics appt letter : Dec 26 2009

Biometrics appt date : Jan 11 2010

Biometrics appointment in New Jersey : Jan 11 2010 took 2 hrs

Forms I-485,I-765 touched : Jan 12 2010

EAD Card ordered : Feb 2 2010

Forms I-765 touched : Feb 2 2010

Notice mailed out regarding I-765 and I-765 touched : Feb 8 2010

EAD received in the mail: Feb 11 2010

Interview letter issued : Feb 19 2010

Interview letter received : Feb 22 2010

Interview Date: March 30 2010

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

I dont think marriage is an option. My only concern is will her H1 application be rejected or will the working illegally be forgiven?

The illegal work will not be forgiven. She broke the law, so there will be penalties.

Edited by aaron2020
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student28 Apprentice

student28   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
  • Author
Posted

Do you think she could get deported? Im wondering if there is anyone on this forum with a similar experience?

Came to the US on F1: Sept 5 2007

Got Engaged : Jan 3 2009

Got Married : July 12 2009

Started work on the AOS papers : Aug 2009

Sent I-130,I-485,I-765 : Dec 5 2009

Package received : Dec 7 2009 signed for by L BOX

Checks cashed : Dec 14 2009

Received NOA's for I-130,I-485,I-765 : Dec 17 2009

Biometrics appt letter issued : Dec 17 2009

Received Biometrics appt letter : Dec 26 2009

Biometrics appt date : Jan 11 2010

Biometrics appointment in New Jersey : Jan 11 2010 took 2 hrs

Forms I-485,I-765 touched : Jan 12 2010

EAD Card ordered : Feb 2 2010

Forms I-765 touched : Feb 2 2010

Notice mailed out regarding I-765 and I-765 touched : Feb 8 2010

EAD received in the mail: Feb 11 2010

Interview letter issued : Feb 19 2010

Interview letter received : Feb 22 2010

Interview Date: March 30 2010

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Boiler Grand Master

Boiler   45,532

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There are a lot of people on Immigrate2US who have Spouses who worked illegally.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

There are a lot of people on Immigrate2US who have Spouses who worked illegally.

This is his sister.

He already said marriage is not an option.

Why confuse him with info for a spouse?

Are you married to your sister? Why bring up spouse in this thread when the OP said its not an option for his sister?

Keep it to relevant info. Info for spouses of US citizens does not help the OP's sister.

Edited by aaron2020
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Boiler Grand Master

Boiler   45,532

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

It is her only option, if you know another please mention it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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