A TOUGH ONE ... Please help!!!

M

Marcus Afzaily

New Member
A Scenario:
I started working for company XYZ on the 1st of April. My H1B did not come till October 1, later that year.
Now I am on 485. INS has asked for an RFE with the the start date of my work. Shoudl it be the one that I got my H1B on or the actual date. Is this a case where either one can get me in trouble. Many thanx... I am holding on to the paper work till I talk to my laywer but he is very busy.. PLEASE HELP!!!
 
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When you started working on April 1st, what was your status? Did you have VISA that allowed you to work (like F1 practical training, L1 etc.)? If you had valid work visa on that day you can mention the April 1st as start date. Otherwise, you should state October as the start date. However, INS will ask you if you had valid status from April to October. Be prepared to answer that query.

However, please check with your attorney before you reply to RFE. I am not an attorney. Whatever I had said above is just my view.
 
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I would say whatever you do make sure that there is no out status period during thoes job changes.
 
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I have the same situation. I started working in February and did not get my H1B until August. It was more than 6 months. I am about to go to the greencard interview in a few days. My lawyer tells me that it would not be a problem, because I went out of the country on H1 before. I had a stamp (H1) from out side the US. According to him, if worse comes to worse, they will make me pay the $1,000.00 fine under 245i. I will keep you posted. Anybody has any opinion on that?
 
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Have you taken salary and paystubs officially before your H1B was approved? If not then, there is no way they can catch you... just use the H1B approval date.
 If you were on regular salary before H1B, did you have any other support/reason to show for that salary? If yes, Then use your actual date of start of employment.
 
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Thanx for the response. This was very helpful!!! In my case, I was not getting paid and your response is the same as the one that the laywer finally gave it to me.... Thanx again for everyone to take time out to answer my question. Sigh of relief :)
 
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