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TheBohoWolf

Will the employer get in trouble if I disclose my unauthorized employment?

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Hello everyone fighting this battle. I've got a question. 

 

I'm married to a USC and now we're working on the papers, the only concern I have is my unauthorized employment (lasting 1 month ) while I was on my b1/b2 status. 

I don't have a problem with being honest and I'm certainly aware of that it's forgiven if you marry a citizen. 

The only thing I DO worry about is, it's forgiven for me, but would it be forgiven for the employer? Will they or the Company get in trouble if I do disclose the fact that I worked there for just a month in my GC petitions? 

 

I didn't file any paperwork in the company, nor did I do taxes and I received the payment in cash. So basically there's no information about me working there but I still would like to be honest, yet I worry that it might affect the Comany's business. I wouldn't want them to get in trouble.

 

Thank you. 

Edited by TheBohoWolf
To be more exact
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Filed: K-1 Visa Country: Wales
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Do not lie.

“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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they are breaking the law by employing people without work authorization, what do you think happens to companies that break the law? they will be fined and the management may be in for criminal charges and rightfully so since they broke the law.

 

you on the other hand will have it forgiven but if you lie on your application and don't put it will be in for a world of hurt when you purger yourself. and here is the fun thing they can't retaliate against you for letting the government know since this can be considered whistle blowing which gives you protection from employer retaliation.

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Filed: Citizen (apr) Country: Canada
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1 hour ago, TheBohoWolf said:

Hello everyone fighting this battle. I've got a question. 

 

I'm married to a USC and now we're working on the papers, the only concern I have is my unauthorized employment (lasting 1 month ) while I was on my b1/b2 status. 

I don't have a problem with being honest and I'm certainly aware of that it's forgiven if you marry a citizen. 

The only thing I DO worry about is, it's forgiven for me, but would it be forgiven for the employer? Will they or the Company get in trouble if I do disclose the fact that I worked there for just a month in my GC petitions? 

 

I didn't file any paperwork in the company, nor did I do taxes and I received the payment in cash. So basically there's no information about me working there but I still would like to be honest, yet I worry that it might affect the Comany's business. I wouldn't want them to get in trouble.

 

Thank you. 

Here's my take on this, apologies if it sounds cold.

 

You are doing the legal thing by being honest on your application.  The company was doing the illegal thing by employing you, knowing you were not authorized.

 

So think about this:  Is your AOS less or more important than whether or not the company "gets in trouble"?  Perhaps the person that employed you is a family friend, or whatever, I can understand your trepidation.  Just ask yourself if you protecting them from knowingly doing something illegal is worth a denial on your application for misrepresentation, though.

 

I know what I would choose to do in the end, but that's just me.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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It's unlikely that they will go after the employer, but it is technicality possible. Either way, you must disclose it...lying to immigration is not a valid option here.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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I believe you have read all the comment by the seniors and veteran experienced VJ.... I would suggest you accept the advice and be honest...list all previous employment even though unauthorized. Sometimes USCIS might be too busy to even go after the company or the worst is they fine them. But don't blow your chance for AOS with trying to protect the company.... I believe if the company have the opportunity to throw you under the Govt Bus, they won't hesitate. 

My advice, complete the application as truthful as you can. Don't leave the slightest detail out.

Good luck

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