Filing 140 (and 485) ..Urgent Questions..Please help

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GCJinx1

Registered Users (C)
I have a very unique problem.
I'm filing 140 and 485 now with my current company (company B). I came to USA in Sep 2000 via company A. I joined current company in May 2003. I did not resign from company A till July 2003 ( was on vacation from company A and got paid).I also got experience letter from company A saying that I worked from Sep 2000 to july 2003

Now in my biographic forms should I declare that I worked in company A from Sep 2000 to May 2003 (or) Sep 2000 to July 2003?
If I put Sep 2000 - July 2003, will I be in a problem? Please advice

Also, I LC just got approved from P-BEC. We dont have the physical copy yet. can we file 140 and 485 without it?
 
GCJinx1 said:
I have a very unique problem.
I'm filing 140 and 485 now with my current company (company B). I came to USA in Sep 2000 via company A. I joined current company in May 2003. I did not resign from company A till July 2003 ( was on vacation from company A and got paid).I also got experience letter from company A saying that I worked from Sep 2000 to july 2003

Now in my biographic forms should I declare that I worked in company A from Sep 2000 to May 2003 (or) Sep 2000 to July 2003?
If I put Sep 2000 - July 2003, will I be in a problem? Please advice

Also, I LC just got approved from P-BEC. We dont have the physical copy yet. can we file 140 and 485 without it?
Click to expand...

As I know, one can work for more than one company at the same time, if the candidate has H1 for both companies. Generally, the company that you are working have policies to not let you to work for multiple companies. Some companies doesn't care if its employees work for multiple companies, as long as there is no conflict of interest. Its all depends on the company policy.

In your case, as you have valid H1Bs for both of the companies, you would be fine. If I were you, I will put in dates of actual employment - Your employment records, experience letter, W2s, pay stubs all will point to the same fact that you worked till Jul, 2003.
 
I dont' think it is correct.
To work for 2 companies, H1 petition must be filed accordingly. i.e. concurrent H1. I don't believe just having multiple H1 petition allows one to work for multuple company at the same time.

Answering original question, you have to tell the truth. 245(k) forgives unauthorized employment up to 180 days.
 
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Jackolantern said:
No, they don't need to be filed concurrently. The second could be filed long after the first.

http://www.h1base.com/page.asp?id=144

http://www.immigration.com/faq/h1bvisa.html#197
Click to expand...
Do you realize I have never said "filing concurrently", but I said "concurrent H1", which I meant concurrent H1 employment.
What the links above is saying is if you have multiple approved H1, you can choose one of the sponsors anytime. It said nothing about concurrent employment like this case.
The 2nd employer must file it as concurrent employment to allow the beneficiary to work for 2 employer at the same time.

if no concurrent H1 is required in this case, why does I-129 have the item for concurrent employment ?
 
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