Did worked or stayed illigally in US?

F

fmmac

Registered Users (C)
March 15, 2007 – Company B H1B transfer receipt notice date
April 1, 2007 – Started working with Company B
April 10, 2007 – Company A (previous company) H1B extension approved (valid till March 2008)
July 23, 2007 – I-485 receipt date. I-485 applied through company B with an approved I-140 of Company B
July 27, 2007 – H1B transfer to Company B denied. Denial notice gave 30 days to go out of the US.
August 1, 2007 – Re-Joined Company A because I had an approved H1B extension valid till March 2008.
October 3, 2007 – EAD card approved (Card applied through Company B)
November 1, 2007 – Re-Joined Company B, since now I have the EAD card

With the above chronology of events, did I work illegally or stayed illegally in US?
 
fmmac said:
March 15, 2007 – Company B H1B transfer receipt notice date
April 1, 2007 – Started working with Company B
April 10, 2007 – Company A (previous company) H1B extension approved (valid till March 2008)
July 23, 2007 – I-485 receipt date. I-485 applied through company B with an approved I-140 of Company B
July 27, 2007 – H1B transfer to Company B denied. Denial notice gave 30 days to go out of the US.
August 1, 2007 – Re-Joined Company A because I had an approved H1B extension valid till March 2008.
October 3, 2007 – EAD card approved (Card applied through Company B)
November 1, 2007 – Re-Joined Company B, since now I have the EAD card

With the above chronology of events, did I work illegally or stayed illegally in US?
Click to expand...
You worked illegally from 4/1/07-7/31/07. Transfer receipt does not mean that much, approval does. You violate H visa regulation (single employer) by joining company B without sponsorship from that company. Giving the fact that company A did not revoke your H visa does not mean that much, because you suppose to have salary, benefits, SS deduction .....etc from company B during that time. Your stay 4/1-7/23 time peroid MAY be legal because you have continous H visa not revoked by employer.
 
fmmac said:
March 15, 2007 – Company B H1B transfer receipt notice date
April 1, 2007 – Started working with Company B
April 10, 2007 – Company A (previous company) H1B extension approved (valid till March 2008)
July 23, 2007 – I-485 receipt date. I-485 applied through company B with an approved I-140 of Company B
July 27, 2007 – H1B transfer to Company B denied. Denial notice gave 30 days to go out of the US.
August 1, 2007 – Re-Joined Company A because I had an approved H1B extension valid till March 2008.
October 3, 2007 – EAD card approved (Card applied through Company B)
November 1, 2007 – Re-Joined Company B, since now I have the EAD card

With the above chronology of events, did I work illegally or stayed illegally in US?
Click to expand...


Till July 23 you are still in status because you had pending H1B transfer and by law you joined Co B with H1B receipt. And since you have filed your I485 on July 23, so you can not be out of status because your in AOS. Only thing could be wrong if you got paid after July 27 from B. Otherwise you seems to be in Status. This is my personal understanding, check with lawyer.
 
mmed said:
You worked illegally from 4/1/07-7/31/07. Transfer receipt does not mean that much, approval does. You violate H visa regulation (single employer) by joining company B without sponsorship from that company. Giving the fact that company A did not revoke your H visa does not mean that much, because you suppose to have salary, benefits, SS deduction .....etc from company B during that time. Your stay 4/1-7/23 time peroid MAY be legal because you have continous H visa not revoked by employer.
Click to expand...

mmed thanks for your response.
Isn't it legal to start working for Company B based on H1B transfer application and have the receipt notice for H1B transfer?
During the period I was with Company B, Company B paid salary, benefits, SS deduction.....etc, at that instance I did not receive any salary or benefits from Company A.
When the transfer was denied I went back to Company A. Hence at all instance I was working for a single employer.

Your response has made me nervous. Please comment on my second response.

Thanks!
 
fmmac said:
mmed thanks for your response.
Isn't it legal to start working for Company B based on H1B transfer application and have the receipt notice for H1B transfer?
During the period I was with Company B, Company B paid salary, benefits, SS deduction.....etc, at that instance I did not receive any salary or benefits from Company A.
When the transfer was denied I went back to Company A. Hence at all instance I was working for a single employer.

Your response has made me nervous. Please comment on my second response.

Thanks!
Click to expand...

To the best of my knowledge, pending extension for H with certain employer will allow you to work with that employer till a decision will be taken in your pending extension application. You can not work with new employer based on transfer application only,.waiting for other's input. The good aspect in your history is that all that "gray" time is less than 6 months which MAY not hurt at all.
 
immi_mygc said:
Till July 23 you are still in status because you had pending H1B transfer and by law you joined Co B with H1B receipt. And since you have filed your I485 on July 23, so you can not be out of status because your in AOS. Only thing could be wrong if you got paid after July 27 from B. Otherwise you seems to be in Status. This is my personal understanding, check with lawyer.
Click to expand...

Hi immi_mygc, your response is on the same lines as the advice I received by discussing a couple of attorneys as well as info obtained from this forum(user Ginnu). All of them suggested to 1) Stop working till you get EAD approved for Company B OR 2) Go back to the previous employer(since I have an approved H1B) and then come back to company B when the Company B EAD gets approved.
 
mmed said:
To the best of my knowledge, pending extension for H with certain employer will allow you to work with that employer till a decision will be taken in your pending extension application. You can not work with new employer based on transfer application only,.waiting for other's input. The good aspect in your history is that all that "gray" time is less than 6 months which MAY not hurt at all.
Click to expand...

I wanted to get rid of the "MAY NOT HURT" opinion and wanted to be 100% sure that so far I have not exausted any days from the 180 days quota. I would appreciate if others can also provide inputs and veriy if your opinion is correct. The reason being.......I have a another problem that has come up which might require me to exaust some days from the 180 days quota.
 
fmmac said:
Hi immi_mygc, your response is on the same lines as the advice I received by discussing a couple of attorneys as well as info obtained from this forum(user Ginnu). All of them suggested to 1) Stop working till you get EAD approved for Company B OR 2) Go back to the previous employer(since I have an approved H1B) and then come back to company B when the Company B EAD gets approved.
Click to expand...

It is very simple and not sure why u r worrying. Its common sense too. You have obeyed every thing as per law. You went back to Co A and they had ur H1 approval from USCIS and they have not revoked it, that makes you eligible too to work for them. Now why your H1 transfer is not approved, do you know what was reason. Based on that you should make decision whether you still want to work with Co B if you can get other opport.
 
immi_mygc said:
Now why your H1 transfer is not approved, do you know what was reason. Based on that you should make decision whether you still want to work with Co B if you can get other opport.
Click to expand...

My deal with Company B was that I would get them a long term contract. It was estimated that the bidding process and final contract would get signed signed by March 15, 2007. Hence my lawyer put the start date on H1B transfer application as March 15, 2007. But the contract got finalized on April 3, 2007 and Company B gave me employment letter dated April 3, 2007. This gap created the problem. The transfer got denied because Company B did not have job for me as of March 15, 2007. I would say it was bad luck or the attorney did not handle the RFE appropriately.

I find Company B co-operative and reasonable, now that I have got my EAD through this company I have continued employment with this company.
 
From Murthy from one of the use made a reference to a Murthy Chat. Here it is...

Chat: If an H1B transfer is denied, does the original H1B also get cancelled?

Attorney Murthy : The original H1B petition should still be valid as long as the original employer does not revoke or withdraw or cancel the original H1B petition approval. However, sometimes there are financial considerations for the original H1B employer since there may be wage obligations for which they may be liable in the interim, so, from an employer's point of view, it may sometimes make sense to cancel the H1B and file a new H1B petition.

Can someone elaborate on what does she mean by "However, sometimes there are financial considerations for the original H1B employer since there may be wage obligations for which they may be liable in the interim"
 
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