I-485 Issue

[ciraduri]

One of my friend, got I-140 cleared(EB2),waiting to apply for I485.
He was on bench for 2 months, when he first arrived US. Later he transfered his H1 to different company and worked for that 2nd company for 2 years.
While working in the 2nd company, he applied for H1 transfer again to 3rd company. Once that got approved, he resigned for 2nd company and joined in 3rd company( which actually applied for his green card). He never mentioned the initial 2 months bench period either applying for Labor or
I140 processing.

So, now the question is, will it be a problem, if he ignores to mention that period in his I 485 forms ???? The original I-94 form shows the 1st company\'s name on it. So, is it safe to ignore to mention about that period while writing the employment history on I-485 forms ??? Is it dangerous to do like that ???

Please answer this !!!!!!

 

[5thYearNSC]

Yes Ciraduri, It is *Dangerous*!

 

 

[makes_sense]

Your friend should have included that 2 month period while applying. There shouldn\'t be any Gaps.

Even if he did not get paid during the first 2 months, his H1B doc., I-94 form will show gaps, if he did not include the first one.
That\'s my opinion and I think it might be true.

 

[Fuji]

INS give grace time for join company when arrive USA, but I don\'t rember how long -- 1 or 2 months.