Gurus urgent !!! please advise !!!!

C

card_green

Registered Users (C)
All,
This is my story.
I came to US in Jan 2000 . I got a assignment in July 2000.
Following are my details:
@ My Labor stated that I started working for the current employer in July 2000. My Labor is approved.
@ How do I justify my Stay during Jan 2000- July 2000
@ I have all my pay stubs since July 2000.
@ Been to India 2 times. Last was in Oct 2002.
@ Got my H1-B stamped(re-validated) in US.
@ My employer has denied to give me a letter anticipating that I might ask for 7 months pay from him.
@ I have not changed employer.
@ I have all my Taxes , Social security perfectly paid since July 2000.

Since my last entry in Oct 2002 (infact since July 2000) I have maintained perfect status so as per 245(K) I should not have any problems.

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Is there any special way to file under 245(K)? or is it just a rule that applies to the case?
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Just need some of your inputs from all you Gurus since my lawyer is very Bad and hungry for money he just wants to apply my case without giving me any solution and says to worry about RFE when it comes...

please help........

Thank you all.
 
If I were you I will go by what attorney is suggesting. At-least in this case.

Wait till you hear anything from USCIS, two reasons:

1) I doubt you are going to get query for this unless they are really after you.
2) Nothing you can do about it.

Relax and worry if/when you get RFE.
 
Thank you very much for your reesponse.

Can you shed some light on 245(k) or is there anything special to be done for 245(k) or just its a rule which is applied when giving a decision?

Thanks again.
Card Green
 
245(k) provision forgives out of status or unauthorized employment for less than 6 months for the purpose of filing I-485 application. Beneficiery does not even have to pay $1,000 penalty which is required in 245(i) cases.

Even if one is eligible for 245(k), he/she remains "illegal" until I-485 is filed and can be arrested and deported. Once I-485 is filed and receipted, he/she remains in status until I-485 is decided.

Check with your attorney regarding procedure to follow while filling I-485 with 245(k) provision.
 
Thank you clearing the cloud.

SO does this mean that :

I am out of status?

Since I was on job since July 2000 and every year paid my tax and filed a tax return also got my Visa stamped in US. and Last went to India in OCt 2002.

http://www.immigration.com/newsletter/june04.html
*****************************************
USCIS Chief Counsel will Release Instructions About Maintenance of Status under 245(k)
The USCIS advised that the service centers will be instructed that, for purposes of section 245(k), an adjustment of status applicant needs to demonstrate maintenance of status only from their last entry up to the date of the filing of the adjustment of status application. Proof of maintenance of status for all stays in the U.S is not required.
*****************************************

Could you please explain the above information.

I am very confused.

Thank you very much.
 
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Actually that's good news for you (and to many more like you).

Basically they are saying that you have to show you are in status since you last entered in US. Any/all previous "out of status" scenario before your last entry into US will not be raised during AOS.
 
card green,
Iam also in the same situation in 2000. I worked for the employer but no paystubs for 6 months. After that i went back to india and changed employer and came back after 6 months.
Is there any problem with no paystubs then.

Filed for GC in jan, No updates on 140 yet.
will there any issues regarding that 2000 period.
any suggestions please

thanks
 
Nag,
Yesterday I had an appointment for consultation regarding this with a BIG attorney and they have clarified that for I485 they(USCIS) will take into consideration your Status only from the last legal entry.
Hence you are Safe. But fill in your 325 Biographic form properly. I dont think it should be a problem.
Dont worry and dont lose your sleep over this . But I did lose mine for over 3 months now .

Take Care.
 
I have a gap of approx. 7 months in my employment History in Biographic Information (325 form).

Anyone with Similar situation?

How does one explain this gap?

Employer says to state that I was on vacation.

Any suggestions.

Thank you!!! Really appreciate your response.
 
card_green said:
I have a gap of approx. 7 months in my employment History in Biographic Information (325 form).

Anyone with Similar situation?

How does one explain this gap?

Employer says to state that I was on vacation.

Any suggestions.

Thank you!!! Really appreciate your response.
Click to expand...


What I think that those 7 months gap was actually for/bw project or assignment but you were on company's h1b and employed by it, thats different story that your employer didnt pay you like most desi employers.
So you should mention your employment history starting from day one and basically G325 form asks for employer/employment NOT for assignments/projects. If you do not mention those seven months then how are you going to justify that period plus addresses during those 7 months in address history.
Just my 2 cents!

_____________________________________________
Remember: I am a software professional, not a lawyer
 
But my problem is that my Labor states a start date after 7 months. Hence Lawyer is hell bend on putting consistent dates , which makes a gap of 7 months in my 325.

I cannot go back and change the dates on the Labor.

Also you are right I have shown a stay of 7 months for that period.

Any suggestions.
Card Green
 
I dont know what to suggest.

Your labor is approved now, cannot be changed or cancelled, and if it has dates which are off 7 months from your actual history, I think that shud not cause any problem.You see cases with substitute labor are getting approved where dates on labor can entirely be different than that of the the person using it. The problem comes if you change your profession other than mentioned in labor or show different salary range.

One more thing to remember is AOS related forms have clear instructions that you cannot hide or skip any information and there are severe penalties for that and in this case you will be skipping 7 months of employment.

One more thing labor was filed by your employer, not you and you have no control over it but AOS is filed by you not your employer so you are responsible for the info you give.


Consult attorney

_____________________________________________
Remember: I am a software professional, not a lawyer
 
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Will the Biographic Information(325) and I-140 application matched for the employment Information such as Start Dates?

please let me know.

Thanks,
Card Green
 
I saw the docs when my employer filed I140. There are no beneficiary's employment related dates on form I140 except for date of entry into the US & I94 info etc. Most of the data is related to the petitioner as it is employer based. Employer also have to send a detail covering letter to CIS, seeking I140 approval, with company (petitioner) introduction, background, description of position offered, requirements, introduction of beneficiary with his/her qualifications and professional experience summary and describe how he will benefit the company.
 
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