485 Filing Question - Please Advise

K

kishore_pv

Registered Users (C)
Hi Experts,

I have 485 Filing Question as part of GC thru my employer. Please advise.

I joined my current employer in Sep 2007. They initiated my GC and labor was applied which got approved. My Priority Date is in Mar 2008. However, due to some personal reasons I had to join other company in May 2008 for only 3 days. I came back and continued with my current employer again as they convinced me. There was no change to anything. So till date, I am continuing with same employer. They filed my 140 as well later in 2008 end and this got approved. Now I am eligible to apply for 485. I was with my current employer at the time of labor approval, 140 approval. Only 3 days in between (i,e after labor approved and before 140 was applied) I was with another company for 3 days.

My question is whether I need to mention even those 3 days of employment with other company in my 485 filing ? I received 3 days pay from them, got W2 from them. Included in my tax returns. So can you please advise whether I need to mention this now during 485 filing ? As my priority date and labor was approved before joining the other company, will there be any impact to my current 485 filing ? Do I need take any steps here ? Pls advise. I din't mention this during my h1 extensions nor 140 filing. Please advise.

Thanks
Kishore
 
You have to mention it. You worked for them, and it's easy for USCIS to find out. It won't be a problem unless you worked for that company illegally. Did you have proper authorization to work for them (H1B?).
 
Jackolantern said:
You have to mention it. You worked for them, and it's easy for USCIS to find out. It won't be a problem unless you worked for that company illegally. Did you have proper authorization to work for them (H1B?).
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Hi

Thanks for your response. Yes, I had I-797 approval from them. But, just worked for them for 3 days. So my only concern is whether this 3 days of employment in between my Labor approval & 140 approval will be any issue in filing 485 now ?

Please advise.

Thank you.

Regards,
Kishore
 
There's no problem. Legal employment for other employers won't affect your I-485 eligibility.

However, assuming you went back to the original employer to work on the same old H1B petition, don't put an end date and new start date around that 3 day period. Write the original start date, and "present" for the end date for your current employer. I assume they took you back with all your accrued benefits etc. so it's as if you never left, especially if they didn't deduct 3 days pay for that particular month. So for example,

Employment history
Sep 2007 - present Company A
May 1, 2008 - May 3, 2008 Company B
 
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Jackolantern said:
There's no problem. Legal employment for other employers won't affect your I-485 eligibility.

However, assuming you went back to the original employer to work on the same old H1B petition, don't put an end date and new start date around that 3 day period. Write the original start date, and "present" for the end date for your current employer. I assume they took you back with all your accrued benefits etc. so it's as if you never left, especially if they didn't deduct 3 days pay for that particular month. So for example,

Employment history
Sep 2007 - present Company A
May 1, 2008 - May 3, 2008 Company B
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Hi Jackolantern

Thanks for your responses. Sorry for getting back to you again, with my questions.

-- Yes, I went back to original employer with same old h1b petition and continued the benefits as earlier.
-- Regarding those 3 days pay, my original employer has not paid me as my other employer paid for that tenure. My original employer mentioned, being on H1 status, I am not supposed to get paid by multiple companies for same period. So they advised in this way and not paid for those 3 days and later continued.
-- Regarding showing the dates of employment in the form as you have mentioned above, won't INS question and isn't this easily visible to them for further inquires into it ? Is it not ok if I put like below ? Reason being, can a person on h1 status work for multiple companies at same tenure ? I understand one person cam have multiple H1 approval petitions, but at any given time can only work for 1 company in same period in H1 status. Please correct me if I am mistaken.

Employment history

May 4, 2008 - present Company A
May 1, 2008 - May 3, 2008 Company B
Sep 2007 - Apr 30, 2008 Company A

If I put like above, I think it shows as end date with company A and re-joined them on May 4th. So in this scenario, will I loose my approved labor with them or my priority date becomes invalid ? I want to make sure this doesn't happen as all my long wait for these many years will go waste. I will follow your advise on putting those dates. But, wanted to understand clearly whether there is any legal implication of loosing my labor or I-140 in case of showing employment as I showed above ? Is this tied/linked to it or absolutely there is no dependency of my labor, 140 and 485 with my above issue. Please help me to understand this, as this is my main concern and is bothering me a lot.

Thanks for understanding and for all your help & advises.

Regards,
Kishore
 
kishore_pv said:
-- Regarding those 3 days pay, my original employer has not paid me as my other employer paid for that tenure. My original employer mentioned, being on H1 status, I am not supposed to get paid by multiple companies for same period. So they advised in this way and not paid for those 3 days and later continued.
-- Regarding showing the dates of employment in the form as you have mentioned above, won't INS question and isn't this easily visible to them for further inquires into it ? Is it not ok if I put like below ? Reason being, can a person on h1 status work for multiple companies at same tenure ? I understand one person cam have multiple H1 approval petitions, but at any given time can only work for 1 company in same period in H1 status. Please correct me if I am mistaken.
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Immigration law doesn't prevent you from working for multiple H1B employers at the same time, as long as there is a separate H1B petition by each employer. Most employers would disallow it, but the law allows it.

But if your employer is treating it as a separate stop-and-start with 3 days in between, list it that way.

But, wanted to understand clearly whether there is any legal implication of loosing my labor or I-140 in case of showing employment as I showed above ? Is this tied/linked to it or absolutely there is no dependency of my labor, 140 and 485 with my above issue. Please help me to understand this, as this is my main concern and is bothering me a lot.
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Stop worrying. You are not legally required to work for the GC-sponsoring employer for even a single day during your labor and I-140. You're not even required to work for them during the I-485 process! Of course, almost all employers would terminate the GC process (or not initiate it in the first place) if you aren't working for them during labor certification until I-485, but that's an employer decision, not a legal requirement. Your employer is still willing to continue the GC process, so whoever else you worked for in the past doesn't matter as long as you maintained legal status all along.
 
Jackolantern said:
Immigration law doesn't prevent you from working for multiple H1B employers at the same time, as long as there is a separate H1B petition by each employer. Most employers would disallow it, but the law allows it.

But if your employer is treating it as a separate stop-and-start with 3 days in between, list it that way.



Stop worrying. You are not legally required to work for the GC-sponsoring employer for even a single day during your labor and I-140. You're not even required to work for them during the I-485 process! Of course, almost all employers would terminate the GC process (or not initiate it in the first place) if you aren't working for them during labor certification until I-485, but that's an employer decision, not a legal requirement. Your employer is still willing to continue the GC process, so whoever else you worked for in the past doesn't matter as long as you maintained legal status all along.
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Hi Jackolantern

Thanks for your responses. As you have understood my scenario completely, so trying to share with you all my questions & concerns. I would like to summarize once what I have understood, so that I am completely clear.

1. Regarding my employment in between for few days with other company : whether I show this in the way you have mentioned above Employment History (continuous) or the way I mentioned above (separate stop - and- start ), in either of the cases it do not impact my labor, I-140 approvals, correct ?. They still remain good, active and I can use them for my next I-485 filing ?

2. I have forgotten to disclose this few days of employment at the time of my applying I-140 & H1 extensions as I did not realize this. So having not disclosed earlier and now disclosing will this become an issue ? Whether INS or USCIS will question why I have not disclosed before or etc ? if so how to justify them.

Please advise.

Sincerely,

Regards,
Kishore
 
kishore_pv said:
1. Regarding my employment in between for few days with other company : whether I show this in the way you have mentioned above Employment History (continuous) or the way I mentioned above (separate stop - and- start ), in either of the cases it do not impact my labor, I-140 approvals, correct ?. They still remain good, active and I can use them for my next I-485 filing ?
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Yes.

2. I have forgotten to disclose this few days of employment at the time of my applying I-140 & H1 extensions as I did not realize this. So having not disclosed earlier and now disclosing will this become an issue ? Whether INS or USCIS will question why I have not disclosed before or etc ? if so how to justify them.
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I don't think the I-140 or H1B extension paperwork ask for employment history. Did it? If I remember right, those forms and the supporting documents only need your qualifications for the job, and a 3-day job is immaterial for your experience level (unless you did something spectacularly great or terrible in those 3 days). But anyway, you have to list it; don't continue the same mistake. If they send an RFE about your past failure to list the job, or ask about it in the interview, you just have to say that it was a mistake/oversight, and they should accept that because it's only 3 days.
 
Jackolantern said:
Yes.



I don't think the I-140 or H1B extension paperwork ask for employment history. Did it? If I remember right, those forms and the supporting documents only need your qualifications for the job, and a 3-day job is immaterial for your experience level (unless you did something spectacularly great or terrible in those 3 days). But anyway, you have to list it; don't continue the same mistake. If they send an RFE about your past failure to list the job, or ask about it in the interview, you just have to say that it was a mistake/oversight, and they should accept that because it's only 3 days.
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Hi Jackolanter,

Thanks a lot for your responses. For your above question, during I-140 and H1B extension I was supposed to submit all previous I-797 approvals. So here I did not submit my approved I-797 petition that came from 3 days employer.

In the form G-325A, I have put my 5 years of Employment experience as below : Hope by I will be all fine.

5 Years Employement History

Company A : 09/2007 to present
Company B : 05/2008 to 05/2008
Company C : 10/2004 to 09/2007

Thank you.

Regards,
Kishore
 
You'll be OK. If asked in the interview or RFE you can explain that you stayed with B for only 3 days before continuing with A. But they probably won't ask or care about it, since you had authorization to work for them legally.
 
Jackolantern said:
You'll be OK. If asked in the interview or RFE you can explain that you stayed with B for only 3 days before continuing with A. But they probably won't ask or care about it, since you had authorization to work for them legally.
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Hi Jackolantern,

Sorry for another question. I went to my employer to provide all the needed documentation for filing I-485. I've been told that again our company is applying for I-140 amendment along with I-485 as our company name was changed from Sep 01 2011. Location, Address is same but only name got changed.

So coming to my scenario, now again I've been asked to provide my experience certificates and other necessary documents. As you know, I forgot to disclose my 3 days of employment during I-140 filing. So now when we are filing again I-140 Amendment, do they expect it should be same as what it was submitted before ? or it is ok to provide them ? Also I have I-797 & W2 from them but not work experience certificate since it was only 3 days where I attended induction and has not worked. Please advise.

Thank you.
 
kishore_pv said:
Hi Jackolantern,

Sorry for another question. I went to my employer to provide all the needed documentation for filing I-485. I've been told that again our company is applying for I-140 amendment along with I-485 as our company name was changed from Sep 01 2011. Location, Address is same but only name got changed.

So coming to my scenario, now again I've been asked to provide my experience certificates and other necessary documents. As you know, I forgot to disclose my 3 days of employment during I-140 filing. So now when we are filing again I-140 Amendment, do they expect it should be same as what it was submitted before ? or it is ok to provide them ? Also I have I-797 & W2 from them but not work experience certificate since it was only 3 days where I attended induction and has not worked. Please advise.

Thank you.
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Hi Jackolantern

Can you please kindly provide your advise to my above question.

Thanks,
Kishore
 
kishore_pv said:
Hi Jackolantern,

Sorry for another question. I went to my employer to provide all the needed documentation for filing I-485. I've been told that again our company is applying for I-140 amendment along with I-485 as our company name was changed from Sep 01 2011. Location, Address is same but only name got changed.

So coming to my scenario, now again I've been asked to provide my experience certificates and other necessary documents. As you know, I forgot to disclose my 3 days of employment during I-140 filing. So now when we are filing again I-140 Amendment, do they expect it should be same as what it was submitted before ? or it is ok to provide them ? Also I have I-797 & W2 from them but not work experience certificate since it was only 3 days where I attended induction and has not worked. Please advise.

Thank you.
Click to expand...

The I-140 amendment is for your company's name, and has nothing to do with your work experience. Let the company go ahead with filing the I-140 amendment. In listing your experience on the G-325A, list the new company name with dates from 2007 to present, but write in parentheses or mention in the cover letter that the company name was previously [old name].

You don't need a work experience certificate for that 3-day job. Experience gained there is ignorable. The only issues to worry about are (1) whether you worked for them legally or illegally and (2) failing to list them and having USCIS find out and think you're hiding something.

From what you've explained, (1) is not a problem because you had an approved H1B for the 3-day job, and (2) will not be a problem if you list it on the G-325A. But failing to list it again this time would make it appear deliberate, not just a mistake.
 
Jackolantern said:
The I-140 amendment is for your company's name, and has nothing to do with your work experience. Let the company go ahead with filing the I-140 amendment. In listing your experience on the G-325A, list the new company name with dates from 2007 to present, but write in parentheses or mention in the cover letter that the company name was previously [old name].

You don't need a work experience certificate for that 3-day job. Experience gained there is ignorable. The only issues to worry about are (1) whether you worked for them legally or illegally and (2) failing to list them and having USCIS find out and think you're hiding something.

From what you've explained, (1) is not a problem because you had an approved H1B for the 3-day job, and (2) will not be a problem if you list it on the G-325A. But failing to list it again this time would make it appear deliberate, not just a mistake.
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Hi Jackolanter

Thanks for all your responses. Sorry One last question I have..

I learnt now that the 3 day job company has filed for my I-797 (h1 transfer), got the receipt number and with that I joined them. Since I left them in 3 days, they have withdrawn my applied petition before USCIS approved it. So I worked with them based on H1 transfer Application Receipt and not Approved petition. So USCIS my not find my approved petition :-(.

Please advise.

Thank you.

Regards,
Kishore
 
You can work on the basis of a pending H1B petition if you already had valid H1B status when the newer application was filed. So you'll be OK, unless they withdrew the petition before the end of your 3-day stint with them.
 
Jackolantern said:
You can work on the basis of a pending H1B petition if you already had valid H1B status when the newer application was filed. So you'll be OK, unless they withdrew the petition before the end of your 3-day stint with them.
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Hi Jackolantern

Thanks for the response. Yes, I had valid H1b status when they applied for new application and after my 3 days are over they withdrew the petition.

So I think still you advise to disclose this 3 days of employment in my G 325A form ( last 5 yrs of employment) even though I do not have any supporting doc like H1 Approved petition from them which USCIS may look for. What I have from them is W2. So in case of disclosure, there is no harm in disclosing in either ways...but thinking which one is best for my scenario. Sorry for asking this question again.

Employment

Employer A - Sep 2007 to Present
Employer B - May 19 2008 to May 22 2008

or

Employer A - May 23 2008 to Present
Employer B - May 19 2008 to May 22 2008
Employer A - Sep 2007 to May 18 2008

Thank you Jackolantern for all your support & advises. I wish you all success in your life.

Regards,
Kishore
 
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