I have a gap in employment approximately 9 month. I lost a job while being on H1B status in January 2004. My spouse was working on H1B so we didn't need to leave and I continue to look for a job hoping to "transfer" H1B and I didn't apply for H4. I found another job which applied for the transfer H1B in November 2004 (receipt date of the application) and start working on the base that it was a transfer which allows start working after filing the petition. The Vermont center approved the petition (in March 2005) but without I-94 stating that I need to go to my country and the final decision should be done by officer in the consulate. I flew immediately and I get a visa H1B. After that I extended my H1B for the next year. This company agreed to sponsorship GC for me. I got I-140 approved and now I worry that the gap in employment and not applying for H4 may cause the problem with I-485. Does somebody know answer to my question?
critical situation with I-485
- Thread starter yurishd
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