PDA

View Full Version : Could this be an issue forr 485???


pthoko
07-05-2007, 04:07 PM
Hi All,
Please clarify my doubts if you can.

The G-325A form is asking for dates of previous employment. I have an issue here.....

I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

Any advice is appreciated. I'm afraid to talk about this to my current company attorney....

Thanks.

dilbert_cal
07-05-2007, 04:11 PM
You need to trust your company lawyer. Apprise him of the entire situation and he will guide you on how to proceed. In my opinion, until you get a RFE, you wont have to do anything.

desi3933
07-05-2007, 04:14 PM
Hi All,
Please clarify my doubts if you can.

The G-325A form is asking for dates of previous employment. I have an issue here.....

I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

Any advice is appreciated. I'm afraid to talk about this to my current company attorney....

Thanks.

Did you get new I-94 with H1 transfer?
Any re-entry in USA after that?


___________________
Not a legal advice.

pthoko
07-05-2007, 04:15 PM
Thanks, I've not been able to do any work today after this thing got into my mind. I got my labor approved and I-140 is pending...

pthoko
07-05-2007, 04:16 PM
Did you get new I-94 with H1 transfer?
Any re-entry in USA after that?


___________________
Not a legal advice.

Yes I got an I-94 with the transfer(Same I-94 number as the L1 one). I didn't go out of US after that.

pthoko
07-05-2007, 04:18 PM
Yes I got an I-94 with the transfer(Same I-94 number as the L1 one). I didn't go out of US after that.


Please note that I joined the H1 employer and later got an H1 transfer approved also.

Thanks.

trump_gc
07-05-2007, 04:21 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine

desi3933
07-05-2007, 04:30 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine

Incorrect.

This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA


___________________
Not a legal advice.

bheemi
07-05-2007, 04:30 PM
dont worry about it all.Because i did same thing exactly like you..And i got h1b ext twice after that and got h1b stamped twice and travelled out of the country 3 times after that..nobody questions about it all..

They only see whether you are out of status more than 180 days..it is legal also to work for 2 employers with 2 petetions..so dont worry about it at all...

desi3933
07-05-2007, 04:32 PM
Please note that I joined the H1 employer and later got an H1 transfer approved also.

Thanks.

I am little confused now. Did you get another H1/H1 transfer recently.

Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.

It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.


___________________
Not a legal advice.