Hi All,
I got a H1 approval on company A while I was in India in 1999 and I got it stamped in India. I came to USA in April 1999 and got I-94 at the port of entry with company A. But I have not joined company A.
Another company B also processed my H1 while I was in India. I got this H1 approval after I came to USA and I joined this company B in April 1999 and worked for an year. I have all my paystubs, W-2s etc.
This H1 B approval with company B also states that "The petition has been approved and a cable notification has been sent to the listed consultate. Petition approval does not authorize employment. When the workers are granted status based on this petition then they can work for the petitioner.If any of the worker is already in the US the petitioner can file new I-129 to seek to change or extend the status based on this petition. Changes in employment also requires a new petition."
Since the H1 petition was filed while I was in India, I donot have I-94 status changed to company B with its H1 approval.
Now, INS has sent an I-485 RFE about my authorization to work at company B.
My question is without I-94 status change, am I not authorized to work for company B? Is it considered illegal?
I was misguided by employer company B at that time, since I was new to the country.
Can anybody suggest any ways to solve this issue.
Thanks
Srikanth
I got a H1 approval on company A while I was in India in 1999 and I got it stamped in India. I came to USA in April 1999 and got I-94 at the port of entry with company A. But I have not joined company A.
Another company B also processed my H1 while I was in India. I got this H1 approval after I came to USA and I joined this company B in April 1999 and worked for an year. I have all my paystubs, W-2s etc.
This H1 B approval with company B also states that "The petition has been approved and a cable notification has been sent to the listed consultate. Petition approval does not authorize employment. When the workers are granted status based on this petition then they can work for the petitioner.If any of the worker is already in the US the petitioner can file new I-129 to seek to change or extend the status based on this petition. Changes in employment also requires a new petition."
Since the H1 petition was filed while I was in India, I donot have I-94 status changed to company B with its H1 approval.
Now, INS has sent an I-485 RFE about my authorization to work at company B.
My question is without I-94 status change, am I not authorized to work for company B? Is it considered illegal?
I was misguided by employer company B at that time, since I was new to the country.
Can anybody suggest any ways to solve this issue.
Thanks
Srikanth