Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Non-Immigrant Visa
Click to log in with Facebook
Non-Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 06-22-2009, 12:16 PM
Junior Member
Priority Date
:
Feb-08
Category
:
EB3
I140 Mailed Date
:
04/25/2009
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 6
hotshots is on a distinguished road
Default Past status violation - problem for H1B transfer?

My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.

He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.

Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?

Thanks much!!
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 06-23-2009, 02:29 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: May 2007
Posts: 557
hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute
Default No

If after joining the H1b employer he has travelled out of the country, got the H1 stamping done and then returned to US then he is ok. It is the last admittance that counts . He should be maintaining his status legally since his last entry in US which is more important. Nothing to worry about.
__________________
Contributed 350 $ towards IV
Recurring contribution 25$ monthly
** Could it be **

EB3 - India - PD - Sep 2004
I140/485 AP - 08/02/2007
FP - 11/2007
AP/EAD - 11/2007
AP/EAD - 2008
AP - 2009
EAD - 2010
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 06-23-2009, 06:16 PM
US Immigration Attorney
Law Offices of Prashanthi Reddy
42 West 38th Street Suite 1104
New York, New York-10018
http://www.reddyesq.com
Thank the Attorney if this post is helpful
Join Date: Nov 2008
Posts: 161
Blog Entries: 1
Thanks: 0
Thanked 129 Times in 68 Posts
Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough
Default

Agree with Hpandey, in this situation, 245K would help and any out of status period is counted only from the time after his latest entry, any out of status periods before that do not matter. Even without 245K i dont think the USCIS will make a big deal of this or even notice, but you never know.
Bookmark and Share   Reply With Quote  
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
H1 Transfer Problem....... macf1gtr Out of status, employment gap and status revalidation 29 07-01-2011 02:11 PM
I-485 denied due to invalid status in past hi_mkg FREE Lawyer conference calls 8 09-19-2009 01:16 PM
L1 Violation - How/Where to report the violation l1fraud All other Green Card Issues 186 07-07-2009 12:20 PM
Past donations acceptable for donor status? hopefulgc All other Green Card Issues 9 04-01-2009 12:00 AM
Out of status in the past? franctic Out of status, employment gap and status revalidation 1 09-18-2007 05:02 PM



All times are GMT -4. The time now is 03:42 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org