Help needed for 485

H

helpins

Registered Users (C)
Hi Friends,

I need your help desperately. Please help me. My situation at present is like this:
My 140 was approved from company A and moved to company B. But again I am back with company A and want to continue my 485. Is it O.K. if I provide Company A's H-1B and not mentioning about company B at all, as A is not aware of me joining with B. Please let me know what are all the consequences? My attorney is not willing to go ahead with the case having issues which cannot be revealed to company A. Also if I go ahead with the case by not mentioning about B to INS, is it possible to change the company after 6 months in 485 process.

Thanks in Advance and any help is appreciated.
 
how can you do that ?

Unless you were working illegally for 6 months..you have to show that you have been working/studying/living in legal status for every day of your stay since you first entered the USA.

dont lie to your company and to the INS.
 
I think there is a huge risk of doing this.

Say they don't ask and you don't tell for the time being.

But when they will open your case for adjustment and they see there is an informaton gap, it could end the processing forever.

You should talk to a good lawyer and find a legal way to do that (if ther is any).

Otherwise walk straight and don't take the risk.
 
bangu is correct. in INS's point of view not telling means hiding the truth which is same as lying.
 
once you worked for second company ur first H1 got invalid. INS will easily find out that u wokred for different company if u had taken H1 transer. So u now hv to tell company A to transfer ur H1 or apply for your EAD along with 485 then u can work with company A. No lawyer will risk such a thing of not informing INS. UNless you were working without any H1 with company B ie illeagally and did't show the income to IRS.
 
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Lot of info. needs to be filled up in 485 application

I don't know whether you are aware or not, but there is whole lot of info. needs to be filled-up when you file I-485 and someone said in this thread, you have to account for each day of your stay in USA right from the day your entered in the US.

So, don't take the risk of lying for such a small thing, which may lead you to different situations you never think of!!!

INS could easily figure out your records and transfer of H1, if they want to. I don't understand how do you want to withheld this info. (working with another company) from company A and INS? You can't use company A's old H1 because when you joined company B, you would have applied for a transer (I hope it was not a fresh H1) and probably used the H1 portability law?

Be straitforward and enjoy the tension free life!!
 
Thanks to all for your replies. I am trying to consult an attorney to discuss my case. At first I thought that there will be some loopholes but seeing all ur replies -- no way I can go ahead... Since I can not reveal to company A regarding B I dont think there are any options left for me. My guess actually was when INS issue RFE I can reveal the information or discuss exactly at that time with the attorney(because it may come in the final stage and things change lot by that time)
 
Having H1 from company B does not cancel your H1 from company A. So if applicant is not working with company A which was his sponsor company it does not mean that his H1 with company A got cancel. Yes if his H1 got transferred from A to B, then in that case his original H1 will get cancel. Otherwise applicant can have multiple H1 visa with him but he can work with only one company. If you are not out of status for anytime while in USA then it should be OK. The most impostant thing is status and valid H1 at the time of filing 485 so I don't see any major issue here.

But better to check with good lawyer
 
Here is my 2c worth...

First, one question: Are you trying to file for I-485 through A's company attorney? If you have your own private attorney (a good one) then I don't think there is any problem (or at least I didn't quite understand your problem)! Let me explain.

1. I hope you worked for company B by getting another H1B (new or transfer). If not you are in a serious problem already.
2. I am not sure how it works in case of H1 to come back to company A after working for B (depending on B's H1 -whether it was a brand new OR a H1 transfer)! Even before filing for I-485 you need to find out about this by talking to a good immigration attorney.
3. Let's say it is legal to come back and work for A without applying for any new H1s then my question is did you travel or got any new visa stamps in your passport using company B's H1? If the answer is "NO" then there is nothing to worry! From INS point of view you are always in status and had proper H1 to work and there is no problem. Even if you travelled or updated passport still you don't have to give your passport copy to your employer!
4. While filing for I-485 you don't need to hide any thing (actually I don't quite understand what is there to hide)! You will provide biographic information and you will specify where you lived etc. Any why if you have your private attorny then you are giving this info to that attorney! There is no need that the attorney need to share that info with company A (based on your actual note I am asuming that you already discussed about every thing with your attorney).
5. Only one thing you could attach to the I-485 filing which could reveal that you workded for company B is your W2s and tax returns. But I don't know why company A need to know about them, any way you don't need to attach them right now and you may get RFE at later stages for Tax returns if you didn't attach them while filing. It is not a must to attach tax returns while filing for I-485.

As every one else wrote yes, one should not lie at all to INS but in your case I don't understand why you should lie!

Goodluck
PCee
 
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