For the sake of worrying

C

chazhs

Registered Users (C)
I am the primary applicant. During our GC process, my husband was laid off and not working for quite a long time, although he was on H1.
His H1 expired Feb \'01 and luckily he got job exactly in early Feb. The new company applied for H1 transfer and it took around 7 months to receive his new H1. (startup company - Lawyers first experience filing H1, I guess - screwed up with filing fee and some other missing papers and H1 got rejected twice)

Finally got his new H1 by Sept 01.

So old H1 was valid until Feb 01 and new H1 is valid only from Sept 01.

Will it cause a problem during GC processing ?
 
Chachz

I don\'t think there is any problem. If u have applied for H1 transfer, u can start working for the new company as soon as the employer/attorney receives the receipt. So, it shud be O.K. if ur husband started working for the new company after they received the receipt.
 
More information

How long your husband was without job (paystabs) before Feb 01?
When did lawers submit documents for H1 transfer?
When did he start to work for new company?
 
answers

Yes, he started working after he got H1 receipt.

How long your husband was without job (paystabs) before Feb 01?
    He always got paid since he was on bench.(around 5 months) (was laid off from client, but was still employee of consulting comp)

When did lawers submit documents for H1 transfer?
    Maybe early feb \'01. Old H1 was expiring late feb \'01

When did he start to work for new company?
    After he got labor etc cleared, April \'01

My question is : When INS looks at his record, will they understand why the H1 took so long(lawyer errors, processing time etc), or will they just blame it on us that he was out of status for 6+ months ?
 
do not worry

First he was in status before Feb 01 (even he didn\'t work he has paystabs)

Second I think he was in status during H1 transfer, because your lawer submited documents for transfer before his H1 expired.

At least if something was wrong why they approved H1 transfer. :)
 
Well... if his H1 got rejected and if he had re-applied..

ie if he got a different wac # ( which does not match to a feb 01 RD )
then he could have been out of status. You have to submit proof of
legal status in the USA from the first time anyone entered B1/F1/H4/H1 all approval notices have to be submitted,
 
If everything happened after your filing I485, no problem. Otherwise...

If he already filed new H1 ten days after H1 expired,
his status is OK. Waiting for I485 is one status. GOOD LUCK.
 
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