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I'm in the EB3 category and my priority date is current. My wife and myself are applying for AOS at the moment.
My wife is currently on a F1 visa and has a CPT visa which she uses for her current job she has had for the last 2 years. Which is all fine.
The problem is for about 2.5 months in 2013 and 2.5 months in 2014, she worked in a real estate agent part time. Which would be considered unauthorized employment. She paid taxes for this real estate employment in both 2013 and 2014.
The total time combined in days from the two periods would be less than 160 days of unauthorized employment.
Does she qualify for 245K exemption when we apply for the AOS?
When applying for the AOS and filling out the G-325A do we have to specifically call out this employment as unauthorized or do we just put it down on the G-325A and let immigration decide?
Scary situation for us, your help is most appreciated.
My wife is currently on a F1 visa and has a CPT visa which she uses for her current job she has had for the last 2 years. Which is all fine.
The problem is for about 2.5 months in 2013 and 2.5 months in 2014, she worked in a real estate agent part time. Which would be considered unauthorized employment. She paid taxes for this real estate employment in both 2013 and 2014.
The total time combined in days from the two periods would be less than 160 days of unauthorized employment.
Does she qualify for 245K exemption when we apply for the AOS?
When applying for the AOS and filling out the G-325A do we have to specifically call out this employment as unauthorized or do we just put it down on the G-325A and let immigration decide?
Scary situation for us, your help is most appreciated.
