Cross Chargeability Work

[Tjhunt]

Hi All I got a question, my spouse has H1B and I am an F1 student her nationality is Chinese so we planned to apply via cross chargeability since my nationality makes us eligible for that. The problem is I have been working unauthorized for four years now via ssn. Should I include all these jobs in the G235 bio application or do you think it may make it her application ineligible since it’s employment based?

[newacct]

First of all, you must always truthfully answer all questions if you decide to fill out a form, so if asked about your employment history, you must disclose it. So the question is about how the unauthorized employment affects your AOS eligibility, since you both would need to be able to do AOS in order to use cross-chargeability for AOS (otherwise both of you would have to do consular processing to use cross-chargeability).

Since she (and thus you) is in an employment-based category, INA 245(k) applies, and being out of status and unauthorized employment do not affect AOS as long as you haven't been out of status or done unauthorized work for 180 days since your most recent admission. If you have been out of status or done unauthorized work fore more than 180 days since your most recent admission, you could try to leave the US and re-enter and be readmitted, which would reset that; though if your visa is expired and you need to apply for a new visa, you may have to disclose the unauthorized work on the visa application which may cause it to be denied. In that case, consular processing for both of you may be the only option.

[newacct]

Also, by the way, G-325A is not used anymore by any forms. Your employment history is asked directly on the I-485.