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Unauthorized work for h4 -> niw dependent

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  • Unauthorized work for h4 -> niw dependent

    Reviewing 485, i just realized i fall into "have you ever worked with authorization" because before i got my Ead, for some time, i worked for a company in my country, and received income there for 1 month.
    Did I mess with my spouse green card too? Will both be hold accountable?
    Do I or we still have a chance? i saw there's a chance with some 180 days rule for some gc tiers or through consular processing...
    How do i explain myself in the 485?
    Also should I retroactively correct my past taxes to include that period of work?

    Thanks!
    A-super-remorseful-person

  • #2
    So by "NIW dependent" I am assuming you are a derivative beneficiary on an EB2 case? Since you are in an employment-based category, INA 245(k) applies, which means that you can do Adjustment of Status (i.e. get a green card from within the US) as long as you have not been out of status or working illegally for more than 180 days since your most recent admission to the US. So based on what you said, you should be okay.

    Yes, you should correct your taxes. You should have been taxed in the US (because you were both resident in the US, and working in the US), and probably not taxed by your home country (since you were neither resident there nor working there). If your home country considered you resident, then you should be able to claim a foreign tax credit in that country.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you, so do I need to show with 485 or interviewer some evidence of long I kept that job? Like if in interview the agent asks "do you have some document proving you stopped when you said so?"

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