Ciba, Please help

G

greenspan2

New Member
Ciba,
I was working with Company A when my wife and I filed 485(I am as dependent of my wife) in February. In March, I started working with Company B upon H1B transfer petition receipt from INS. Now, my department in B is gonna be cut, and Company A let me go back. Will this impact our 485 if I go back to work with A using the original H1B visa with A or reapply one? My H1B petition with Company B is still pending.
I have to make a decision tomorrow, could you give me suggestions?
Thank you very much.
 
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Sorry to hear that. However, you situation is not that bad. I guess you can withdraw your H1B transfer and hopefully your old H1B should be ok. You can also stay on your 485 application, hopefully. Talk to a lawyer. However, under current situation I guess your only choice is to go back to company A, right?
 
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I talked to my 485 attorney, he does not know the answer since "start working upon H1 petition receipt" is a new policy, and he suggested me to stay with Company B.
I have option to stay with B since my manager said I am ok.But this company has serious financial problem (two layoffs within two months). If I don\'t go back to A now, I will lose the chance forever. And as you know, it is very tough in the job market this time.
 
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Pull your application for new company B. Now since you have already worked with company B, I have no idea what answer you have to tell INS, "under what status you worked for company B\'.
INS is funny sometime, taking you application back can take longer than your H1B approval for company B.
Don\'t you have EAD, I mean you have option to drop H1B and start working for company A under EAD.
Ask some smart lawyer and also dump your lawyer who does not have answer for your question.
 
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if your H1B with A is not invalidated by the company, you are OK. i did a H-1B tranfer from my current company to another compnay and i got the approval. bur i decided not to go to the new company becasue my PD became current suddenly. so i continued to stay with the old company and filed 485,which was approved 2 weeks ago. i don\'t think ur case is much different from mine if company A didn\'t report it to INS and just treats it like a no-pay vacation. anyway, i am not sure about this, better comfirm with a good lawyer.
 
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Thank you, Kevin65221. I am waiting for the response from the attorney of Company A. She is trying to find out if she told INS to terminate my H1(of Company A). Hopefully she didn\'t.
I think the only difference of my case to yours is that I worked for Company B for 1.5 months during the "long vacation" from Company A.
Do you think if the INS will figure this out? Our 485 was filed in late February, hopefully INS doesn\'t have too much of my records before processing our 485 case so that our case is much less complicated to the officer.
 
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i don\'t think there is any reason for you to worry because you are not the primary applicant and you definitely have not been out of status in the period. i think you should be ok.
 
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did you receive an EAD? if so, just use it...(in any company - A, B even C or D!)
good luck.
 
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An employer has a responsibilty to complete I-9 for all employees. Of-course he need not send it to INS. Once you joined B you used AC21, and your H1 for A is void as soon as are out. Of-course most of the employers won\'t write to INS, so you should be ok. But if there is an RFE at any stage and if you have to show W2 \'s for all the periods, a close scrutiny will cause a problem once for all.
 
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greenspan,

My understanding of your situation is that you intend to keep H1
stauts while AOS is pending. You will not be "out of status" for
sure in AOS stage. The only question is whether you work without
authorization. Therefore, if company A did not inform INS to
revoke your H1, you are OK. This is just my understanding.

ciba
 
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