Change of Status Issues

[haibharat]

My brother started to work for Company A on OPT from May 2007, His change of status to H1 is effective October 2007. He continued to work for Company a till November 2007 and joined Company B (who sponsored my H1) from Jan 2008. My question is will it be a problem that he havent joined Company B tough the Change of Status is effective Oct 2007. He have paid all the taxes legally. Will it be a problem if he attend for H1B stamping. Please help.

 

[txh1b]

Your work on OPT after Oct 1st is unauthorized employment and will cause problems during the green card and future stamping. And don't ask me how USCIS will find out. Don't even think of misrepresenting anything on your GC application.

A COS requires you to maintain that status effective the date of the change.

 

[haibharat]

Is there a solution to this? What should I do now?

 

[nscagony]

You have two problems here:
1. You worked without authorization for company A. This is a deportable offense.
2. You didn't work for company B after the adjustment of status, which invalidated your H1 status. This also is a deportable offense.
You are most likely out of status at the moment. If it has been 6 month since the H1 adjustment of status was approved, you are subject to a 3 year bar as well. You should talk to a lawyer immediately (today!).

 

[haibharat]

He got teh visa

He attended for H1B stamping and got the visa, every thig was fair enough.. Thank You very much for posting the responses.