G-325A Last 5 Years Employment Question

[Cyclone_P]

Folks :

I am preparing my paper work to file my I-485.

While working through the G-325A form, I am a little confused about what my answer to question "Applicant's employment last five years" should be.

I have been in the US since April 2000 and have worked for different employers on H1B visa. I had a slight gap in employment for May and June of 2002, when I was actively seeking new employment. My employment prior to that ended in April 2002. I was reemployed from July 2002. All this while my I-94/I-797 from previous employer remained valid.

Considering that it is almost the end of June 2007, the five year period mentioned in the question could be assumed to start from July 2002. I have a complete uninterrupted job history since July 2002. Hence, the brief gap of May and June of 2002 seems to be before this 5 year period. Based on this calculation, I believe I need not show this gap or my employment prior to July 2002 on the G-325A form. I have read in other threads that, RFEs have been issued on employment gaps earlier and hence I am trying to avoid having to include mine in there.

However, I am not sure. I would appreciate your comments and suggestions on this.

Thanks and regards,
Cycone_P

 

[IN2US]

Folks :

I am preparing my paper work to file my I-485.

While working through the G-325A form, I am a little confused about what my answer to question "Applicant's employment last five years" should be.

I have been in the US since April 2000 and have worked for different employers on H1B visa. I had a slight gap in employment for May and June of 2002, when I was actively seeking new employment. My employment prior to that ended in April 2002. I was reemployed from July 2002. All this while my I-94/I-797 from previous employer remained valid.

Considering that it is almost the end of June 2007, the five year period mentioned in the question could be assumed to start from July 2002. I have a complete uninterrupted job history since July 2002. Hence, the brief gap of May and June of 2002 seems to be before this 5 year period. Based on this calculation, I believe I need not show this gap or my employment prior to July 2002 on the G-325A form. I have read in other threads that, RFEs have been issued on employment gaps earlier and hence I am trying to avoid having to include mine in there.

However, I am not sure. I would appreciate your comments and suggestions on this.

Thanks and regards,
Cycone_P

-- Simple answer to all your questions, NEVER lie to USCIS, it might haunt you.

--If I were you, I would provide accurate information and worst that could happen is you might get a RFE on the flip side if you lie, need less to say, you know the consequences.

-- I'm not trying to scare you, this is just my opinion.


Good Luck

 

[Cyclone_P]

IN2US:

I appreciate your response and I assure you that I am not planning on lying or concealling any information from the USCIS.

I am merely wondering what date does "Last 5 years" start on.

a) Calcuated to the day from the form signature date?
So if signature was done on June 27, 2007 would the start date be June 27, 2002?

b) Calcuated to the month from the form signature date?
So if signature was done on June 27, 2007 would the start date be July 01, 2002?

c) Calcuated to the year from the form signature date?
So if signature was done on June 27, 2007 would the start date be January 01, 2003?

d) Is it 5 years before the date USCIS reciept date?

As it is, I have noticed that even if I were to include the 2 month gap that I had in employment in 2002, I would still be covered under the 245(k) rule which allows 180 days of "Out-Of-Status" stay since the last lawful entry in the US. 245(k) does not say anthing about "Out-Of-Status" stay before the last lawful entry.

As my last entry in the US was in March 2006 on a valid H1B and I-797 and the fact that I have not left my company since, I believe I should be ok.