Worry I140 will be denied - mistake in ETA 9089 filling

[iman.karta]

Hi all,

I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.

My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.

Any inputs anybody?

[shivapb80]

they will not straightforward deny it...they will send you an RFE requesting proof that you were in legal status during that time. at that time - i am not sure how - but your employer will have to prove that your start date is in fact in january 2007.

i am pretty sure that is the course of action as i recall reading a couple of cases like that and i think atleast one of those cases was a similar case and the other was related to 245(i) - i hope i get that right.

[iman.karta]

Shiva,

Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(

[anilsal]

with your attorney and employer. There is nothing you can gain by worrying about it. If they issue an RFE, then you will ready.

USCIS will not outright deny applications with mistakes as far as I can tell (I am no expert). There may be RFEs or NOID to which you can take proper action.