[URGENT] DID online job/internship FOR AROUND 8 MONTHS WITHOUT CPT

[Boba0603]

Hi,

I am in the final stage of my Green Card Application - they are currently reviewing my application. On June 15th, we received an RFE letter stating that they want evidences to prove that I have been maintaining my lawful nonimmigrant status since my last lawful admission.

While gathering my paperwork, I realized that back in 2014, I participated in an online internship with company A: it's an online internship - max 10 hours per month. My lawyer flagged this with me and let me know that we need an I-20 with a CPT approval, which I don't have.

I am waiting to hear back from the lawyer regarding the next step. Is there anything I can do in this situation to save it?

THank you?
Tam

[krypton9591]

Hi,

I am in the final stage of my Green Card Application - they are currently reviewing my application. On June 15th, we received an RFE letter stating that they want evidences to prove that I have been maintaining my lawful nonimmigrant status since my last lawful admission.

While gathering my paperwork, I realized that back in 2014, I participated in an online internship with company A: it's an online internship - max 10 hours per month. My lawyer flagged this with me and let me know that we need an I-20 with a CPT approval, which I don't have.

I am waiting to hear back from the lawyer regarding the next step. Is there anything I can do in this situation to save it?

THank you?
Tam

Under what circumstances are you applying for Adjustment of status?

[Boba0603]

Under what circumstances are you applying for Adjustment of status?

Hi,
I applied to Adjustment of Status as an F-1 student with work authorization (Full - time CPT) with my current employer.

I already got my I-140 approved and got my combo card.

Thank you in advance for your help
Tam

[Boba0603]

Hi I applied with my F-1 status.

I already got my I-140 approved and my EAD Card.

Thank you in advance for your help

Tam

[newacct]

Hi,

I am in the final stage of my Green Card Application - they are currently reviewing my application. On June 15th, we received an RFE letter stating that they want evidences to prove that I have been maintaining my lawful nonimmigrant status since my last lawful admission.

While gathering my paperwork, I realized that back in 2014, I participated in an online internship with company A: it's an online internship - max 10 hours per month. My lawyer flagged this with me and let me know that we need an I-20 with a CPT approval, which I don't have.

I am waiting to hear back from the lawyer regarding the next step. Is there anything I can do in this situation to save it?

THank you?
Tam

Did you leave and re-enter the US after this internship? If so, did you re-enter on a visa (as opposed to AP)?

[Boba0603]

Did you leave and re-enter the US after this internship? If so, did you re-enter on a visa (as opposed to AP)?

Hi, I did not leave the country after the internship...

[krypton9591]

Hi, I did not leave the country after the internship...

if the internship was part of your OPT and you can provider the certification they are asking for, then you should be fine. if it was not related to your OPT, then that's where you could end up having an issue. illegal work is only waived if applying for AOS via marriage to a USC, again that's as far as I'm aware and it is still recommended that you discuss this with your attorney and USCIS. the main thing to do is stay calm and tell the truth when it comes time and they ask. Best of Luck and Wishes

[newacct]

Hi, I did not leave the country after the internship...

Since you are in an employment-based category, INA 245(k) applies, which says being out of status and working illegally are okay as long as you have not been out of status or working illegally for more than 180 days since the most recent admission. However, this internship of yours was after your most recent admission, and if it is really illegal work, then you would have been working illegally for more than 180 days since the most recent admission.

If you could leave the US and re-enter that would reset it, but you cannot enter on F1 with immigrant intent.

So maybe the only thing you can do is switch from Adjustment of Status to Consular Processing.

[Boba0603]

Since you are in an employment-based category, INA 245(k) applies, which says being out of status and working illegally are okay as long as you have not been out of status or working illegally for more than 180 days since the most recent admission. However, this internship of yours was after your most recent admission, and if it is really illegal work, then you would have been working illegally for more than 180 days since the most recent admission.

If you could leave the US and re-enter that would reset it, but you cannot enter on F1 with immigrant intent.

So maybe the only thing you can do is switch from Adjustment of Status to Consular Processing.

Hi, is there any possibility of amending the G-325A and I-485 to update the start and end date of the employment, especially my previous lawyer was disbarred? She did not do a good job of filing that. SHe also missed one of my previous employment and put the wrong middle name.


THank you

[newacct]

Hi, is there any possibility of amending the G-325A and I-485 to update the start and end date of the employment, especially my previous lawyer was disbarred? She did not do a good job of filing that. SHe also missed one of my previous employment and put the wrong middle name.


THank you

Umm... what are the facts? Are the dates you filled on the form, in fact, wrong? If they are not wrong, "updating" them is lying.

[Boba0603]

Umm... what are the facts? Are the dates you filled on the form, in fact, wrong? If they are not wrong, "updating"they is lying.

Hi, the end date for my most recent job with the current employer was wrong. The middle name was wrong. So at least I can update these two.

- - - Updated - - -

Hi,
And she put the wrong date for the remote internship so it now looked like i worked remotely for that company A for 8 months - that's why I had to ask everyone. But the fact was I only did the job for 2 months since I was graduating at that time and applying for OPT. Sorry if that confused you.

[newacct]

Hi, the end date for my most recent job with the current employer was wrong. The middle name was wrong. So at least I can update these two.

- - - Updated - - -

Hi,
And she put the wrong date for the remote internship so it now looked like i worked remotely for that company A for 8 months - that's why I had to ask everyone. But the fact was I only did the job for 2 months since I was graduating at that time and applying for OPT. Sorry if that confused you.

Yes, you can update information if it's wrong. If the truth is you were out of status or worked illegally for less than 180 days since your most recent entry, you should be able to AOS.