Legal Question in Immigration Law in Florida

Hi. I'm planning to go for stamping for my second h1-b. I'm a little bit nervous about the DS-156 questions as I think that Q38. regarding violation of visa terms apply to me. I was on f-1 from '91 to 2004. During one summer I worked off campus without employment authorization and payed taxes and filed taxes also.

I'm want to go get my second h1b stamp now and i'm afraid to volunteer that i worked when I was not supposed to during my f-1 years. I know I should be truthful but if consulates do not verify employment with SSN administration, I rather not volunteer information that may hurt me. how big is the risk of not disclosing that information?

During my first h1b i did check that box because I was denied COS from f-1 to h1b mistakenly by INS and was accruing unlawful presence so I left to do consular processing to come back in under h-1b. However, upon my return, the MTR was approved and the unlawful time accrued was no longer there as per law. This is why this time, I would not check Q38 due to unlawful presence. It's the working without authorization that is bothering me and my fear of them finding this out during the interview.

Do you think I should check this box even though this happened long time ago while on f-1 and have not violated conditions of the new h-1b? If i do check it, can that upset the VO and lead him to deny my stamping?


Asked on 11/14/09, 5:26 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You should discuss these issues with your attorney, if you have one, or any other immigration attorney in private.

This should not be discussed on a public forum. As a lawyer, I cannot tell you (a non-client) on a public forum what exactly your answers on official forms should be.

If you�d like to schedule a telephone or email legal consultation, or need advice or help, please let me know, and I�d be glad to help you: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Read more
Answered on 11/19/09, 5:33 pm


Related Questions & Answers

More Immigration Law questions and answers in Florida