gap in us experience

R

raj999

New Member
hello experts i am applying for labor for my green card and i have a gap of six months in u.s without being on pay roll .does it affect my green card processing .actually my new h1 got delayed and will that be a genuine reason to say during i 140 .i got my new h1 after 6 months so i was not on pay roll for 6 months but i was not out of status because my previous h1 was still valid,now is there any way to show or explain these 6 months.thanks a lot in advance for your opinion and suggestions
just wondering to leave that time period as it is or should keep the work experience as i had worked but was not on pay roll and was drawing personal paychecks
 
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Raj

Raj,

Your post is not very clear so let you ask you this:

How did you get a new H-1 after six months of gap? Did you get I-94 attached to you new H-1 approval notice or it’s missing? If you have I-94 attached to your new approval notice then you already lied to INS by not telling them about the gap. Please explain if I am wrong.

You have to provide details of your experience U.S. or abroad on labor certification application. One thing can be in your favor and that is: It is not mandatory to provide experience letters with I-140, but INS can issue RFE if they have any doubts.


RamFan
 
raj999

Were you waiting for 6 months for new H1-B from company B to arrive while H1-B from another company A was valid?

If above is the case, then there should not be any problem.
 
yes the first company h1 was valid but that would be useless because if a person was not on payroll for any of the company
then will that be valid.how to explain ins for green card purposes
 
I see a problem

AS per H1, you are supposed to get pay every month. Otherwise yu are out of status. You have tobe on Payroll.

Did you write any personal letter telling that you have some personal problems and so You are not able to to work. If yes, you can show that letter when INS requires.

Without that I can see potential RFE mostly in 485 or when applying for CP.
 
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