H1B Problem Vs I-485

[suryamnb]

Guys, I really need your advice..

I worked on H1B for Company A: Oct 15, 2006 - Jan 15, 2007.
Then I moved to Company B and started working from: Jan 16, 2007.

Company B has filed for new H1B and the USCIS receipt date is Jan 30, 2007. But, the new company (Company B) started paying me from Jan 16th.

When I asked attorney if I can get paid by Company B for those 2 weeks (Jan 16 - Jan 30) with out receipt notice, he said new company can pay me with out receipt notice. Is that true? I'vefiled for I-485 in Aug 2007. Does that affect my I-485 petition?

[smartboy75]

Couple of questions...

When u say Company B filed for a new H1B ...you mean H1 transfer right ???

Who originally filed your labur ? What is ur PD ? What is the status of your I-140 ???

[suryamnb]

Yes. Company B has filed for H1B transfer.
Company B has filed for Labor in July 2007.
Company has filed for I-140/I-485 in Aug 2007. I-140 in pending..

Now can you answer my initial question please?

[smartboy75]

You mean to say ..company B filed for labour in July 07 and then it got approved immediately ..within a month....and then company did concurrent I-140/I-485 filling in Aug 2007 ???

Dude...I would wanna ask you a question now....are you sure Company B has done anything other than filing for your H1- transfer ?? Do you have the receipt numbers for 140 & 485 ???

[GKBest]

If I'm getting it right, you're saying that you have 15 days of unauthorized employment since Company B filed on January 30 but you started in January 16 and got paid for the period. I've read that this is "forgivable" under Section 245(k).

Anyone, correct me if I'm wrong.

[suryamnb]

Company B has filed for H1B in Jan 2007 - approved in April, 2007
Company B has filed for PERM on July 27th, 2007 - approved on Aug 6th
Company B has filed for I-140/I-485/EAD/AP on Aug 15th - got receipt nos and all cases were pending.

[suryamnb]

Hi GKBest,

But, Attorney was saying it is not an UnAuthorized employment for those 2 weeks becasue Company A has not cancelled my H1B and valid until sep,2008.

[paragpujara]

You can start working for yr new company as soon as they apply for your H1 transfer. You donot need to wait for receipt notice. Once your company sends H1b trasfer package to USCIS, you can work for yr new employer. So whatever yr lawyer is saying is correct provided yr company B applied for yr H1 before yr start date.

Originally Posted by suryamnb

Hi GKBest,

But, Attorney was saying it is not an UnAuthorized employment for those 2 weeks becasue Company A has not cancelled my H1B and valid until sep,2008.

[smartboy75]

hey Surya

You need not worry...Since your labour is already approved for the same company you are currently working with....there is no issue....And even if you think it is an issue, let USICS open an RFE before you start fretting out...

[suryamnb]

Originally Posted by paragpujara

You can start working for yr new company as soon as they apply for your H1 transfer. You donot need to wait for receipt notice. Once your company sends H1b trasfer package to USCIS, you can work for yr new employer. So whatever yr lawyer is saying is correct provided yr company B applied for yr H1 before yr start date.

I started working from Jan 16,2007 where as the USCIS receipt date is Jan 30, 2007. So I'm in a lawful status for those 2 weeks. Isn't it?

[h_shaik]

If your labor is approved after July 31st can you apply for I485? If i am not wrong USCIS mentioned that applications for 485 will not be accepted if the labor is approoved on or After Aug 1st 2007.

Correct me if i am wrong.

Regards.

Originally Posted by suryamnb

Company B has filed for H1B in Jan 2007 - approved in April, 2007
Company B has filed for PERM on July 27th, 2007 - approved on Aug 6th
Company B has filed for I-140/I-485/EAD/AP on Aug 15th - got receipt nos and all cases were pending.

[suryamnb]

Originally Posted by h_shaik

If your labor is approved after July 31st can you apply for I485? If i am not wrong USCIS mentioned that applications for 485 will not be accepted if the labor is approoved on or After Aug 1st 2007.

Correct me if i am wrong.

Regards.

No. My PEM was filed in July 2007 and got approved in Aug. Approval never matters. Only the filing date. As per July 2007 revised visa bulleting, I'm eligible to apply for I-485 and got the receipt notice too.

[suryamnb]

Originally Posted by paragpujara

You can start working for yr new company as soon as they apply for your H1 transfer. You donot need to wait for receipt notice. Once your company sends H1b trasfer package to USCIS, you can work for yr new employer. So whatever yr lawyer is saying is correct provided yr company B applied for yr H1 before yr start date.

Does the start data really matters? becasue it is a H1B transfer and company A's H1B is valid at that time.

[babu123]

As per thumb rule, one can start working with new employer from the date of receipt notice to USCIS. In your case, documents were received on Jan end.

If your employer had given a letter to USCIS that employment start date is from Jan end at the time of filing I-140/485 you are good to go.
No one verifies who paid you from Jan 15 to 31, unless they dig ur case.

[suryamnb]

Originally Posted by babu123

As per thumb rule, one can start working with new employer from the date of receipt notice to USCIS. In your case, documents were received on Jan end.

If your employer had given a letter to USCIS that employment start date is from Jan end at the time of filing I-140/485 you are good to go.
No one verifies who paid you from Jan 15 to 31, unless they dig ur case.

I mentioned in PERM that I worked for Company B from Jan 15 an had no problems. Got approved with no problem.