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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 01-15-2008, 08:48 PM
buiak buiak is offline
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Default Pending - Change of Status

Hi, I came in US with an F1 visa 4 years ago. After 2 weeks I applied for a change of status, because I want it to go to a different college. Since then I in pending (4 years). I called INS and they keep telling me that my case was sent to a local office in CA since Jan. 2004. Even when I go online I get the same thing. Since then I went to college, for 2 years and now I'm a full time employee - legally, on taxes. So far nobody was able to give me an answer. Can anybody help me? Am I legal or not?. Can I apply for a H 1B visa or my only chance is marriage? I want to apply for a H 1B visa. Tks.
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  #2  
Old 01-15-2008, 09:01 PM
lazycis lazycis is offline
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Originally Posted by buiak View Post
Hi, I came in US with an F1 visa 4 years ago. After 2 weeks I applied for a change of status, because I want it to go to a different college. Since then I in pending (4 years). I called INS and they keep telling me that my case was sent to a local office in CA since Jan. 2004. Even when I go online I get the same thing. Since then I went to college, for 2 years and now I'm a full time employee - legally, on taxes. So far nobody was able to give me an answer. Can anybody help me? Am I legal or not?. Can I apply for a H 1B visa or my only chance is marriage? I want to apply for a H 1B visa. Tks.
How are you able to work? Thought it's not possible on F1 except some work on campus. That's may be an issue and violation of status, otherwise there would be no problem to get H-1B.
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  #3  
Old 01-15-2008, 09:13 PM
buiak buiak is offline
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Default ????

I am working since 3 years ago. I had no choice because I had no money to support myself. But I work "legally", I pay all my taxes - up to date. I do have a social #, credit cards and bank accounts. I had no problem finding jobs, at various and very big companies. What are u saying that I am still legal even it has been 4 years since I am in pending? And that I can apply for a H 1B visa? Thank you very much.
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  #4  
Old 01-15-2008, 11:52 PM
kumaabh kumaabh is offline
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Default U are out of status in my opinion

I used to be on F1 myself. From what i hear you saying it looks like u are definitely out of status. Having a social security card doesnt make u eligible to work. In other words it doesnt give u authorization to work. Paying taxes while u are working without authorization is also definitely not legal and USCIS can and will find out that you worked without authorization because they will check ur tax records.
All that being said, an F1 student can work legally either on CPT or on OPT. For CPT ur university/college's international office have to oversee ur work and stamp the back of ur I-20(now SEVIS). If your International office hasnt been involved in u working then u are clearly out of status becuase u worked without authorization and on top of that u paid taxes for the unauthorized work. I would hate to be in ur situation.

For OPT you would have had to apply for an EAD card which wouldve been valid only for 1 year. I am thinking that u did not.
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  #5  
Old 01-15-2008, 11:55 PM
kumaabh kumaabh is offline
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Default And stop saying that u worked "legally"

And stop saying that u worked "legally". You worked illegaly....As a student on F1 visa if u didnt work on CPT or OPT then u worked illegaly. Having a social security number and paying taxes doesnt mean that you worked legally.
Your stay in the United States is legal. But working without authorization is illegal.
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  #6  
Old 01-16-2008, 03:20 PM
buiak buiak is offline
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Default Thanks for your help

Yes I know that I didn't work legally. I just want to say that I tried to. First by getting a work permit which would be very hard to get it and costs a lot of money. I couldn't get it so far. I'm still trying. Do u think I still have a chance in getting one and then apply for a H 1B visa? Or what should I apply for a work permit now in my situation? Any advise it is welcome.
I'm in a very difficult situation and I would like to find a way to work legally. I want every body to thank for your help and let every body know that we immigrants we really want to work legally and somebody should make it more easy for us and help us more. We should get more respect and more help. Trust me I spent so much time and money in this. Thanks again for ur help.
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  #7  
Old 01-17-2008, 03:42 PM
kumaabh kumaabh is offline
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Default What you are saying about ur status is fishy

There is something fishy about what u are saying about ur status. First of all you dont need to apply for "change of status" if you are switching college/university. All you have to do is get another I-20/SEVIS to the school that you are transfering to. I personally know many many students who have done that. So your statement that you applied for a change of status is not true because of reasons only known to you.

Also, applying for a work permit is not expensive at all. But applying for a work permit needs a basis. A basis could be an OPT(optional practical training) for a student or a pending 485 application. You have no basis. So you dont even qualify to apply for a work permit.

You must have come to the US on a F1 visa to attend some school but later dropped out from the school without thinking about the repurcussions. Even if you switched schools it doesnt make u legal unless you got a new I-20 from the new school. You are in big time trouble my man.
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  #8  
Old 01-17-2008, 03:47 PM
kumaabh kumaabh is offline
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Default And dont try to identity yourself with us

yes, everyone in this forum is an immigrant. But unlike you we have worked very hard to keep ourself legal and abided by the law. As an ex student myself on an F1 visa Ive had to let go of many immpressive internship oppurtunities because the OPT/EAD card did not arrive in time. So please dont include us as ur type because we are not. WE ARE LEGAL AND HAVE WORKED VERY VERY HARD TO MAINTAIN OUR STATUS. Obviously, you didnot care to know more about immigration matters before you decided to leave your school.
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  #9  
Old 01-19-2008, 02:21 AM
buiak buiak is offline
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Default

You are right as far of me tying to keep me legal. Itís not that I didnít care. I was counting on my friendís advice that if I am in pending Iím legal, but without the right to work. He told me that to get transfer to a different college I need a change of status. And am I legal if Iím in pending for 4 years? Thatís what I really want to know.
I agree with you that I didnít do more about taking more care of my status. And I regret that very much. If I would asked more people I could easily find a way to keep me into a legal status a could have my green card by know. But I thing you are harsh with me. My intentions are very good. I donít try to deceive US by working without paying taxes or stealing. I just want to make a better living like we all are. Thatís all. Maybe I went on the wron way but I will change that soon. Thank you.
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  #10  
Old 01-19-2008, 08:57 AM
lazycis lazycis is offline
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Check this page regarding inadmissibility/out of status

http://www.mnllp.com/engunlawfulinfo.html

Your status would be just fine if not for your work without authorization.

The period for unlawful presence (overstay) begins on:

1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation**, determined by an immigration judge, or
3) status violation**, determined by the US CIS during the course of adjudicating a benefit application.

*No date, but "D/S" on I-94 Arrival/Departure Card (typical "D/S" holders are F, M, J and I visa status holders).
For those who do not have an expiration date on the I-94 card, but "D/S" (duration of status), there can be no "unlawful presence," unless (2) or (3) above.

**Status Violation: i.e., unauthorized employment; for a student, a failure to pursue a full course load; for nonimmigrant worker, a violation of the terms of the particular visa.

Important: A status violation determination must be must be made by an immigration judge or the US CIS, for the individual to be considered to be unlawfully present. Therefore, even if a person is in "violation of status," he/she may not be considered as being unlawfully present -- unless there is a determination.

Last edited by lazycis; 01-19-2008 at 09:00 AM.
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  #11  
Old 01-28-2008, 02:50 AM
kumaabh kumaabh is offline
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Originally Posted by buiak View Post
You are right as far of me tying to keep me legal. Itís not that I didnít care. I was counting on my friendís advice that if I am in pending Iím legal, but without the right to work. He told me that to get transfer to a different college I need a change of status. And am I legal if Iím in pending for 4 years? Thatís what I really want to know.
I agree with you that I didnít do more about taking more care of my status. And I regret that very much. If I would asked more people I could easily find a way to keep me into a legal status a could have my green card by know. But I thing you are harsh with me. My intentions are very good. I donít try to deceive US by working without paying taxes or stealing. I just want to make a better living like we all are. Thatís all. Maybe I went on the wron way but I will change that soon. Thank you.
Yeah Yeah ur intentions were good. You just keep ranting about that. We all want to make a better living but by abiding by the law. You tried to make a better living by not taking into consideration the repurcussions of ur actions. Yes my friend u went the wrong way and as hard as u might try there is nothing you can do to change that.
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  #12  
Old 01-28-2008, 04:12 AM
bestia bestia is offline
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The irony is, that if buiak would be working illegally for cash and wouldn't be paying any taxes, then he would be perfectly in status by now. Dura lex, sed lex
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  #13  
Old 01-28-2008, 11:28 AM
ashkam ashkam is offline
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Quote:
Originally Posted by buiak View Post
You are right as far of me tying to keep me legal. Itís not that I didnít care. I was counting on my friendís advice that if I am in pending Iím legal, but without the right to work. He told me that to get transfer to a different college I need a change of status. And am I legal if Iím in pending for 4 years? Thatís what I really want to know.
I agree with you that I didnít do more about taking more care of my status. And I regret that very much. If I would asked more people I could easily find a way to keep me into a legal status a could have my green card by know. But I thing you are harsh with me. My intentions are very good. I donít try to deceive US by working without paying taxes or stealing. I just want to make a better living like we all are. Thatís all. Maybe I went on the wron way but I will change that soon. Thank you.
Since you worked full time with pay, you are not legal regardless of whether your status is pending or not.
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