H1B Out of Status.Need help urgently

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WaitingonLC

Registered Users (C)
I came to USA on Dec,1999 through employer ''A'' whose H1 is valid until october,2001.But I have joined company ''B'' in Jan,2000 and worked for 10 months(ie until OCT,2000).All of those 10 months he kept on saying H1b applied so far did not come,since I am new to the country I believed him.
Finally I asked him for My h1 status then he send me the H1B petition which was filed on my behalf and also the offer letter and G-28 form(attorney representation form).But I asked him my case number and he said he did not got so far.During this time he generated only two paystubs one for sept,2000 and other one was for oct,2000 and rest I got only personal cheks.On Nov,2000 I have left this company ''B'' and Joined company ''C'' and they filed my H1 on Nov,2000 and Got Approval on Jan,2001.till today I am with company ''C''.Company ''B'' on 2001 send me the w-2 form for the 2 months alone and I have filed these taxes with IRS.But in 2003 IRS send me a letter asking my employer showed $34000 under my name.so they asked me to pay the taxes for that amount and I paid even though I do not need to pay since I want to keep my history safe for the future purpose.I have filed the amended tax returns again for 2000 because of this issue.Mean while company ''B'' gone under loss and closed the business...

Here are my questions and I need serious help from the gurus...

1)Am I out of status from the time Jan,2000 to Oct,20000
2)I do not have H1B approval notice from the company ''B'' for that time period but I have a) tax information that i have paid to IRS for 10 months b)pay stubs for 2 months 3)H1b petetion 4) offer letter 5)G-28 attroney representation form.will that be oK...
3)Now My labor is approved from company ''D'' I am planning to file concurrent 140/485 .will this out of status effect any of my situation in the future for 140/485
4) Do I need to submit all the H1B approval notices when I file I-140..I have all the approval notices but only for the time period from Jan2000-OCt2000.But I have approval notice to cover that time period from company A which is valid from from March,1999 to Oct,2000....will this be an issue...

Any help on this issue will be greatly apprecitated...Thank your for the help in advance...
 
It appears that what company B has done is illegal. However, as you have successfully obtained H1 transfer to company C (I presume, it would be from Company A's H1), from INS point of view, you have not violated the status. Unless they investigate this, there would be nothing in INS records to point out that you were out of status between Jan-Oct 2000.

GC is independant of H1. So there shouldnt be an issue. Keep company B out of your records.
 
nshalady said:
It appears that what company B has done is illegal. However, as you have successfully obtained H1 transfer to company C (I presume, it would be from Company A's H1), from INS point of view, you have not violated the status. Unless they investigate this, there would be nothing in INS records to point out that you were out of status between Jan-Oct 2000.

GC is independant of H1. So there shouldnt be an issue. Keep company B out of your records.
Click to expand...

Hi,

Thank you very much for the reply and it is much helpful.

In my GC labor condition application I have shown one year experince from company ''B'' saying I worked from Jan2000 - Dec2000.I have got the experince letter also from the company ''B'' saying that I have worked.
Will this be an issue?
 
I dont think that crosschecking H1s with your experience letters is part of labor processing. I wouldnt worry too much about it.
 
nshalady said:
I dont think that crosschecking H1s with your experience letters is part of labor processing. I wouldnt worry too much about it.
Click to expand...

Thanks for the reply...I am concerned about at 140 &485 stage crosschecking H1s with your experience letters ....Will this be an issue...
Again thanks for the help
 
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