Anybody in my situation: CP with a Gap in H1B Employment History

Sansin,

If you stayed after the expiration of your I94 then definately it is illegal but if your I94 was valid and you were out of the job for 1.5 months you would be fine because the rule states that you cannot be out of status that is out of job for H1 people for more than 6 MONTHS. Obviously this is something that you do not want to bring up in your interview but it is also something that should go unnoticeable in your tax returns as it was only for 1.5 months (just in case if they see your tax returns). You will be fine..even if they know that you were out of job for 1.5 months.. My suggestion would be to tell the officer that you took unpaid leave of absence for that period ..just in case if they ask you..

S

[


QUOTE=sansin]How to define illegal stay?

Is it staying beyond expiration of I-94. Or is it staying without employment and without pay-stubs, even though previous I-94 is still valid. For the latter case, how long a stay would be considered illegal. In my case, my I-94 was valid, but I stayed after getting laid off, for a 1.5 months, before starting my next job.[/QUOTE]
 
It is about 5.5 months that I was not paid by my employer. This is what worries. W2 income is very low
 
sanjay76 and kb,
both of you have raised excellent points.

I will go and check now, if my W2 income in 2001 (for which I have to sum up the income from previous emp. and current emp.) matches or exceeds income declared in LCA. It also gives me the perfect reason to take all these documents to prove that I was in-status.

to address another point raised by sanjay76: "stay beyond I-94"
My I-94 which was hand-written (at the time of entry into US) had already expired by the time I was laid-off, however, I had obtained an extension of my H1B from previous employer, which had a VALID I-94 (I am talking about the printed I-94 that is attached to your H1B Approval Notice I-797). This PRINTED I-94 was still valid when I got laid-off. So, I suppose, my stay was valid after I got laid off. Please give your comments on this.

"Unpaid leave of absense" is not a good excuse. That would be a lie, and its not difficult for them to catch that lie. MOreover my experience letter from previous emp, and employment verification letter from current emp. clearly give out the last date in my previous job, and starting date in my current job.

Thanks for your inputs.
 
Since I have a gap of nearly 6 months in my employment history and since the time I re-entered US in May 2003 I am in job
can I use the section 245(k)
*****************************************
USCIS Chief Counsel will Release Instructions About Maintenance of Status under 245(k)
The USCIS advised that the service centers will be instructed that, for purposes of section 245(k), an adjustment of status applicant needs to demonstrate maintenance of status only from their last entry up to the date of the filing of the adjustment of status application. Proof of maintenance of status for all stays in the U.S is not required.
*****************************************
and convince the officer during the interview in case the officer points out.
 
Top