H1 Transfer Issue- Pls help

[grnlight]

I am working with Company "A" and got an offer from Company "B". I have Company "A" I-797 Validity from Jan 1999 to Jan 2002.

Company "B" filed my H1 and they showed the Fed Ex Receipt number and they actually sent I-129 to INS ,so I gave 2 weeks Notice to Company "A".



I applied for Company "B" H1 (I-129) in Feb 2001.

After 2 weeks I started working for Company "B" and after couple of months my H1 got approved from Company "B" and the Lawyer filed as New Employment , so INS did not give any Extensition in I-94 and I had to get the Visa Stamp from Home country.

I don't want to go Home country just for Visa Staming.

Company "B" I-797 Validity from May 2001 to Feb 2004 with New Employment option.

So Company "B" Lawyer applied for new I-129 with amended option instead of I-824 to chanage the Home country Consulate to State department for Stamping.

I got new I-797 with extensition of I-94 Card and Validity stays same from May 2001 to Feb 2004.

I sent to Visa stamping and State departmnet got it stamped and No issues.

Typically I was working for Company "B" without INS authorization from Feb 2001 to May 2001 because of Company "B" Idiot Lawyer.

I did file my Green Card from Company "X" Now and I am applying for I-485 and what should i say in the Previous employment History for that Illegal Period..

I have Company "A" employment letter Up to Feb 2001.

Please suggest ....

Thanks a lot..

 

[ginnu]

I am working with Company "A" and got an offer from Company "B". I have Company "A" I-797 Validity from Jan 1999 to Jan 2002.

Company "B" filed my H1 and they showed the Fed Ex Receipt number and they actually sent I-129 to INS ,so I gave 2 weeks Notice to Company "A".

Company "B" filed my H1 and they showed the Fed Ex Receipt number and they actually sent I-129 to INS, so I gave 2 weeks Notice to Company "A".



I applied for Company "B" H1 (I-129) in Feb 2001.

After 2 weeks I started working for Company "B" and after couple of months my H1 got approved from Company "B" and the Lawyer filed as New Employment
-----Mistake of company lawyer he could have filed as H1 transfer with your recent pay stubs from A
, so INS did not give any Extinction in I-94 and I had to get the Visa Stamp from Home country.
-----USCIS did the correct thing as your H1 was filed as NEW H1 not H1 transfer
I don't want to go Home country just for Visa Stamping.

Company "B" I-797 Validity from May 2001 to Feb 2004 with New Employment option.

So Company "B" Lawyer applied for new I-129 with amended option instead of I-824 to change the Home country Consulate to State department for Stamping.

I got new I-797 with extinction of I-94 Card and Validity stays same from May 2001 to Feb 2004.
----- That is good
I sent to Visa stamping and State department got it stamped and No issues.
---Good
Typically I was working for Company "B" without INS authorization from Feb 2001 to May 2001 because of Company "B" Idiot Lawyer.
------- You are correct that lawyer is Big idiot
I did file my Green Card from Company "X" Now and I am applying for I-485 and what should I say in the Previous employment History for that Illegal Period..
---------- You MUST contact good lawyer and explain everything, provide all your I-94 copies, and all your H1transfer filing receipts and H1 approval notices and your passport copies. You need to discuss with lawyer with all your documents and explain that you worked with company B without H1 approval. I think if that time of unauthorized employment is less than 180 days you may be able to file I-485 under 245(k) if your LC was filed before April 30, 2001 then you may be eligible to file your I-485 under 254(i), you need very good lawyer.