H1B Out of status once and Green Card Processing

Discussion in 'Texas Service Center - H-Visa Issues' started by jylyme, Dec 28, 2009.

  1. jylyme

    jylyme New Member

    I have got in-person interview I-485 at local office...

    Here is details:
    Current Status: H1B valid upto June 2011
    I-485 is filed for more than 180 days
    I have EAD
    Priority date: End of March 2005 (EB2 I)
    I used AP (Advance Parole) to reenter in USA this year

    ===============================
    Here is the issue:

    came in USA in July 2002 through H1 on say Company_2002. The Company_2002 did
    not pay so did not get any pay slips and so no W2 filed for 2002

    In August 2003, filed for H1 transfer for Company_2003 and flied back to home country to get H1 stamped. did get pay slips this time!! and so filed W2 (tax return) for 2003.

    So that makes me "Out of status" from July 2003 to August 2003.
    (I got paid after 2003 consistently. I changed a couple of H1B employers after that. current employer sponsored my GC/I-485 case)

    Now, have got this in-person interview where the letter says "specific query about tax return for the years 2002 & 2003"

    ===============================
    My questions:

    1) What should I reply for the query of "tax return for year 2002"?

    2) will USCIS going to reject I-485 due to out of status? (Or what are the chances of the rejection)

    3) any other inputs/suggestions?

    Any help greatly appreciated!!

    Thanks you!!
     
  2. Concerned4us

    Concerned4us Banned

    You must be truthful. You were knowingly in violation of your visa status for 13/14 months. Do not even think about creating fake documents as some may suggest. You have to admit that to the interviewer. Will it make a difference? Who knows. (You had the opportunity to address the situation long ago and did nothing because you feared having your H1B revoked and decided that it was OK to violate US laws since it benefited your situation.) You need to consult with the attorney for your sponsor who completed the paperwork on your behalf for their recommendation. I hope you were truthful with them when the process began as no attorney likes to be surprised by having a client withhold information or lie.
     

Share This Page