Wife's unauthorized employment

[qwerty3210]

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 as 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.

[rahul412]

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. 

No, that's not at all fine. Contact an attorney dude, you messed up everything.

[JoeF]

Actually, the problem is the CPT. That looks like abuse of CPT. CPT is only for work as integral part of the curriculum, not for working for a couple of years.

[qwerty3210]

No, that's not at all fine. Contact an attorney dude, you messed up everything.

 

I don't understand. Maybe i did't explain it properly. As i didn't think this would be an issue.

 

She has worked in her current job for 2.5 years. She started the job in January 2013 on a OPT. Her OPT finished in September 2013, since then she has been on multiple CPTs which she has renewed each semester. This was all reviewed by her work lawyers and given the thumbs up.

 

The work she is doing is relevant to her course.

 

(I could be confusing OPT and CPT, it could be the other way around.)

[JoeF]

I don't understand. Maybe i did't explain it properly. As i didn't think this would be an issue.

 

She has worked in her current job for 2.5 years. She started the job in January 2013 on a OPT. Her OPT finished in September 2013, since then she has been on multiple CPTs which she has renewed each semester. This was all reviewed by her work lawyers and given the thumbs up.

 

The work she is doing is relevant to her course.

 

(I could be confusing OPT and CPT, it could be the other way around.)

 

Hmm, once a person graduates, the person can only get OPT. And that is not per semester. It is for a year, with a possible 17-month extension for people in STEM fields.

Your narrative doesn't make sense unless she enrolled in some other program with CPT from day one.

That's the fraud right there. NO real university would give out CPT from day one. She is abusing CPT.

CPT is NOT and has NEVER been for work in some arbitrary job. CPT is only for work as integral part of the curriculum, e.g., for required internships.

This means that she is likely out of status. This will cause lots of problems when an I-485 is filed.

[rahul412]

I don't understand. Maybe i did't explain it properly. As i didn't think this would be an issue.

 

She has worked in her current job for 2.5 years. She started the job in January 2013 on a OPT. Her OPT finished in September 2013, since then she has been on multiple CPTs which she has renewed each semester. This was all reviewed by her work lawyers and given the thumbs up.

 

The work she is doing is relevant to her course.

 

(I could be confusing OPT and CPT, it could be the other way around.)

Multiple CPT's for just one course?? Which school is that?? Which course requires multiple CPT's?

Its clear abuse of CPT, contact an attorney.

[Attorney_6]

1. The unauthorized work as a real estate agent would be forgiven under 245(k), if it is under 180 days, as mentioned.

 

2. The CPT may be an issue. The USCIS often denies changes of status to H1 etc. based upon an assessment that the CPT is non-compliant (even though issued by the approved school). If this happens here, the time frame would go beyond the 245(I) limit, assuming that there was no travel/reentry after the violation(s).