485 Filing issue

M

mjraj123

Registered Users (C)
Hi,
I worked for company A. Got terminated in 2002 due to no project. They cancelled my H1 after 6 months. Immeditaly I got a job in company and worked for them till a month back.

2 months back I checked with company A. They told my EB2 Labour is apporoved in Jan 2004. So for nobody used u can join and continue with that.

So I joined a month ago and gave the papers for filing my I140 and 485. They filed my H1B and got it approved.

Now the lawyer who does 485 in company A is telling u didnt work for 6 months. Under the law I should not have lived in US with H1B.

Can you give some good suggestion how to file my 485 and I140 and proceed further ?

Thanks
mjraj123
 
Did you transfer H1 to company B when you started working for them? If not, you were out of status for the period when you worked for company B. 245(k) covers out of status less than 180 days. But if were out of status more than 180 days, it could be an issue.
 
more info

Hi
Thanks for the reply. More details.

I worked till Jan end 2002 with company A. I stayed with them till June but not in there pay roll. In Aug they filed to cancel my H1B. It got approved in December

I was about to leave India, I got job on 20th of August through company B and they filed H1 immediatly. My H1B came approved in Jan after an RFE. I got H1B without I 94. I went to India in March and got it stamped without any trouble in 2003.

Now I joined with company A again for my approved labour. Having this issue with the Lawyer for filing my 485.

Is there any way my company A can cover up those 6 months. Or any otherway I can file 485 with out issue.

Thanks
Mjraj123
 
mjraj123 said:
Is there any way my company A can cover up those 6 months.
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The problem is that you don't have any paystubs or salary information for that period. It was a H1 law violation for company A. And being the very same company who is sponsoring your GC makes it more troubling. No idea how to "cover up". You need to discuss with your attorney elaborately.
 
It's correct that after the termination of your employment you should leave the country if you don't have valid status with another employer or someother status(such f1 or b1 etc). Aparently that made you out of status since you stayed with the company without getting paid. But you left the country and came back using another employer's h1-b. You receieve new I-94. From lot of lawyers I have talked to, you should be fine for eligibility of I-485 since the eligibility should count from your last entry for employment based aos. And I assume that you didn't stay unlawfully(past expiration of your I-94) which will bar you from re-entering US. You were just let go from you h1-b company..and your I-94 date is still good. Your lawyer should know this or better. And also keep in mind "out of status " doesn't make you ineligible for CP no matter how long. I hope this helps. I think you are fine.

This is not a professional advice. always get another lawyers opinion..
 
mjraj123 said:
Hi
Thanks for the reply. More details.

I worked till Jan end 2002 with company A. I stayed with them till June but not in there pay roll. In Aug they filed to cancel my H1B. It got approved in December

I was about to leave India, I got job on 20th of August through company B and they filed H1 immediatly. My H1B came approved in Jan after an RFE. I got H1B without I 94. I went to India in March and got it stamped without any trouble in 2003.

Now I joined with company A again for my approved labour. Having this issue with the Lawyer for filing my 485.

Is there any way my company A can cover up those 6 months. Or any otherway I can file 485 with out issue.

Thanks
Mjraj123
Click to expand...

Since you came back for company B with a new I-94 in 2003 and your reccent transfer of H1 to company A has been approved by CIS. I do not see any problem in your 485.
 
imwatcher123 said:
Since you came back for company B with a new I-94 in 2003 and your reccent transfer of H1 to company A has been approved by CIS. I do not see any problem in your 485.
Click to expand...

The problem is not much in I-485, but in I-140, where company A is the very same company that violated H1 rule. In general I-140 is the most difficult part of GC process. If his I-140 was approved already, his I-1485 would not be a problem.
 
More Info

Thanks for all your reply.

After my 6 months without pay. I started working with company B with my H1B penidng. INS asked for 6 months status during H1B process. Company B asked for New H1B visa. I got my H1B visa in dec. Then I went in March 2003 to India to get my visa stamping.

Everything went well after that till now. Even I changed to company C then changed now to company A.

For I140 the experience shown is from 1994 to 2000 and this period is not coming there.

Please suggest whether CP is better option ?

Before going to discuss this with Lawyer I want to make sure how this can be handled.

Is Company A can put those period as leave of absence ?

Thanks
mjraj123
 
compiler and Others have given you correct info

1 you went out of US after your "out of status", got new H1 Visa stamp entred US and got new I-94

2 you CAN file the I-485, if the lawyer does not agree go to other lawyer or file your I-485, EAD AP with I-140 reciept notice copy and otherrequired documents.
 
More info needed...

All this is started when my lawyer started verifying my 485 form.

In the 485 form, my Lawyer found the gap of 6 months without working for any company.

Now he is asking for the gap as well as my tax return for that year which is very less than my actual salary.

Please suggest me the best options.

As people are telling if u tell the whole story. Then lawyer will no to filing the GC and the company wont allow to take another Lawyer.

Thanks
mjraj123
 
mjraj123 said:
All this is started when my lawyer started verifying my 485 form.

In the 485 form, my Lawyer found the gap of 6 months without working for any company.
------ if it was BEFORE you last entred US it is not a problem FYI how many person attach the W-2 with I-485 or the TAX paper or IRS transcipts?
Now he is asking for the gap as well as my tax return for that year which is very less than my actual salary.

Please suggest me the best options.

As people are telling if u tell the whole story.
Then lawyer will no to filing the GC and the company wont allow to take another Lawyer.
----- I think your lawyer is creating problems, if you have copy of I-140 you CAN file your I-485 just take the job offer letter from Employer, you CAN directly file the I-485, you dont need the help of employer to file I-485, I-485 is YOUR petition, LC, I-140 are employer petitions
go to page 8 and find that with what is needed to be attached with I-485 http://uscis.gov/graphics/services/employerinfo/eibulletin.htm

I-485 package

APPLICATION PACKET (Follow instructions on form and include all required dates and signatures)
• G-325A •
Copy of I-797 approval notice for I-140 or I-360 or I-526 (not required for I-140 if otherwise eligible for concurrent filing)
• Current employment letter on company letterhead (for principal)
• Form I-864, Affidavit of Support, if the alien will be employed by a relative who is a citizen or resident alien or by a firm in which the relative has a substantial interest (5% ownership)
• Even if a Form I-864 is not required, a Form I-134 affidavit of support may be required for all dependents (must be filled out completely front and back)
• Proof of the applicant's initial lawful admission into the United States and the applicant's continued maintenance of status. This may include the following: Photocopy of applicant's entire passport including all previously issued passports Photocopy of Form I-797 Approval Notices for all extension and change of status Photocopy of Form I-20 or Form DS-2019 (formerly IAP-66) school records (front and back, including all school annotations) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
• Copy of birth certificate with English translation
• Copy of marriage certificate with English translation for current marriage
• Copy of divorce decree or death certificate of former spouse with English translation for any prior marriages
• Two photographs
• IRS Form 9003 ( now that is also not required)
• I-693 (Medical Exam)
Thanks
mjraj123
Click to expand...
 
Filed and waiting for 485 approval....

Finally I was able to file 140/485/EAD/AP on June 30th 2005.

Got 140/EAD/AP approved in a month. FP is also done in a month.

By Feb 1st 2006 my priority date(April 2001/EB2) become current.

If God willing I will be getting my 485 approval soon without RFE and delay.

Thanks for all your reply that helped me to file my 485.

Thanks
 
So your lawyer finally understands the gap occurred before your new entry (with a new visa) does not affect your eligibility to file I485, right? S/he may learn something from it.
 
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