Illegal Status Question??? Please Help.

J

journey5year

New Member
Hi,
I came to US on september 1997 by using company 'X's H1B. I never informed to 'X' that I am coming to US. I directly joined company 'Y' (i.e. "Y" brought me to US on "X"s H1B) After I joined in 'Y', I got company 'Y's H1B on Dec 02,1997 (i.e. after 2 months 21 days). Company 'Y' shows all my personnel records/payroll for my HIRE DATE as Dec02,1997 not Sep1997. I still continue working for company 'Y'.

I have filed my LCA on Sep2000 and I485 on Aug2001. I did not mention in my LCA/I485 application about company 'X's H1B/Employement for 2 month 21 days. I always mentioned in LCA/I485 that my employement from Sep1997 to till date for Company "Y". Last month my I485 has been tranferred to local INS for Interview. I have got my interview shceduled on next month(December). Do I need to reveal the truth to INS about company "X" and my entry into US. I am afraid that if they themself found, Will they deny approval of my I485?.

My entry into US is considered as illegal? because I used 'X's H1B to enter into US and directly joined 'Y'?. My stay in US for this 2 months & 21 is illegal?.

Please Help.
 
You are brave

I cant believe the method by which you came to the US.

Your stay for the 2 months is definitely illegal. At that time you could not join a company unless your H1b transfer was approved. ( It is different now).

Didnt you have to submit all the H1 notices for 485? I forgot if i had to. If you had mentioned that you were here since sep1997 and your H1b approval was dec 1997 and if they notice it, you might be in trouble. But I have seen some postings where people paid a fine of $1000 and got approved. But in your case the entry itself was illegal.

I am not sure about the legal implications. If you are lucky they wont notice it. I think you should just keep quiet at the interview.

If they do notice, you could try to explain. But I wouldnt go all out and say it at this stage. Of course that would be lying/withholding but in your case you have already taken worse risks!
 
This sounds like a serious fraud to me.

First of all, what was written on your I-94 when you came to the US? If you came in to the US with H1B visa, the INS officer should have put a notation that you would work for company X, position, duration, etc. at the back of your I-94.

If you then worked for company Y WITHOUT the permission from INS (you did not have an approved H1B petition to work for company Y) - it was definitely an immigration fraud. When the INS discovered this, they could also fine company Y for employing you without a valid H1B.

You mentioned in your post that you declared employment with company Y since Sept 1997 in your I-485 applicatoin. This by itself could have raised questions because the adjudication officer might have caugt the discrepancy between the approved H1B (which was for company X) and your employment with company Y, thus resulting in the transfer of your case.

You will need to contact a lawyer to help you to resolve this issue.
 
You may File I-485-A

Journey5Year,

1. If you have filed your labour on or before April 30, 2001, you may need to file I-485-A, with $1000 penalty.

2. Please check up with a competent Immigration lawyer; and tell him everything frankly and honestly.

3. It is always good to be honest and frank with INS.

I do NOT think, it is a problem at all....

BUT CHECK WITH A LAWYER; OR GO WITH HIM FOR INTERVIEW.

Good Luck
 
Journey5Year

Looks like there is fraud underneath. You should've resolved that issue after you've arrived here. Too late now, just pray that it will not affect your greencard application. Consult a good lawyer.

Good luck!
 
Please keep us posting. One more thing In which state your interview is scheduled. Do you got RFE? Please prodive details about you like RD/ND/ TD/ ID
 
I think he is being unwantedly scared first I dont think they would want to know those details in the interview they would look if you are currently employed or not also I dont think coming into the country and not reporting to the company immediately make it illegal.
I think there is nothing for him to worry about.
 
Your first H1B stamped in your passport is for

company X. In your passport the date of entry is marked as Sep 97, not Dec 97 as you had mentioned on your application. I think the INS does look at the date of entry in the passport. My own attorney had me photocopy the date of entry in passport when I applied for the H1 extension last time.
Bottomline is, if you have files for AoS before Apr 2001, you are entitled for correcting your "out of status" condition with a fine of $1000. Now I do not think that you were out of status per say, but best bet is to consult a competent lawyer and preferably have him accompany you for the interview.
Because if the INS officer deems that your status between Sep 97 - Dec 97 was illegal and cannot be redressed, it may jeopardize your GC.
Moreover your current lawyer must be a as***le if he could not figure it out while applying for your GC!
 
GCWalababa,

I think he filed for AOS(I-485) on Aug 2001 i.e after April 2001 so he cannot escape by paying $1000.00.
 
Guys

how is this case different from one in which desi employers keep employees on bench without paystubs and some change to other employers by transferring H1B.

if Journey5 yrs maintain that he was called by X company and not Y and later got transferred to Y, there is no way for INS to prove otherwise. Meanwhile X never paid him and he never reported. At least this is the safe side u can take Journey5.
 
I guess the only concern here is that he has mentioned in his case that he was with company Y since Sept 97 whereas his H1 from company Y says Dec 97. Thats the only hitch as I see it. Had he not said that , he could have said he was on bench from Sept97 till Dec97 with company X.
 
If this becomes an issue during the 485 process, remember that employment based applicants can file under section 245(k) which excuses up to 180 days of transgressions such as being out of status or unauthorized employment. Unlike 245(i), there is no filing deadline (April 2001) or extra fee. Check it out in the relevant websites and consult an attorney. Less than 6 months of being out of status is acceptable to INS.
 
STOP .....guys
I do not see any problem here.
He was not paid by Comp X during that period. done.
So he joined Y and continiued.

My suggestion is not to give unasked unncessary details.
He is having perfectly legal entry because :
Company X is legal and their H1B and Visa is legal.
Where is illegal comes here ?

He changed to Y, which is legal.

--
 
You must log in or register to reply here.
Top