I got NOID on Biographic information(G325A). The basic reason for the NOID is they state that I worked without authorization for more than 180 days before filing the I-485, because I started working at company XXXX before they filed the H1B petition for me. And that petion is approved after 180 days. Company XXXX said they filed the h1 then I joined but according to approved h1 the date of receipt shows different. Can any help me in this regard. My attorney is looking into all aspects.
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NOID on Biographic information
- Thread starter mtaug06
- Start date
depends on your status prior to H1B with that company
Are you in trouble? It depends on your status prior to H1B with that company
1) if you had H1B with another company before your current employer filed your H1b, then it is a "TRANSFER", you can start to work for the new company right after your new H1b filed.
2) if you had OPT prior to your H1B, and your OPT is still valid till the day your H1B was approved, then you are also OK;
3) if your OPT was expired before you filed your H1B, or during your H1B pending, then you are still in good legal status (petition pending), BUT you are not allowed to work (unless you work for no pay). Otherwise, it is a violation.
I hope you are in case 1 or 2...
mtaug06 said:I got NOID on Biographic information(G325A). The basic reason for the NOID is they state that I worked without authorization for more than 180 days before filing the I-485, because I started working at company XXXX before they filed the H1B petition for me. And that petion is approved after 180 days. Company XXXX said they filed the h1 then I joined but according to approved h1 the date of receipt shows different. Can any help me in this regard. My attorney is looking into all aspects.
Are you in trouble? It depends on your status prior to H1B with that company
1) if you had H1B with another company before your current employer filed your H1b, then it is a "TRANSFER", you can start to work for the new company right after your new H1b filed.
2) if you had OPT prior to your H1B, and your OPT is still valid till the day your H1B was approved, then you are also OK;
3) if your OPT was expired before you filed your H1B, or during your H1B pending, then you are still in good legal status (petition pending), BUT you are not allowed to work (unless you work for no pay). Otherwise, it is a violation.
I hope you are in case 1 or 2...
First, comapre the actual recipt date and actual delivary date of H1B pack. If it is different, send the tracking number to USCIS mentioneing that H1B petition was delivered before you hired in.
Very important thing. All this discussion valid only if you were in H1B status before you joined the company XXXX. If you were in any other non-immigrant status (like H4, F1, J1, OPT ect..) before filing H!B, you MUST HAVE WAITED till the approval of H1B before joining the emplyer. Otherwise you were in out of status/unauthorised employment till the approval of H1B.
Very important thing. All this discussion valid only if you were in H1B status before you joined the company XXXX. If you were in any other non-immigrant status (like H4, F1, J1, OPT ect..) before filing H!B, you MUST HAVE WAITED till the approval of H1B before joining the emplyer. Otherwise you were in out of status/unauthorised employment till the approval of H1B.
I am in that process.rir_or said:Try to find confirmation receipt.
can_card said:First, comapre the actual recipt date and actual delivary date of H1B pack. If it is different, send the tracking number to USCIS mentioneing that H1B petition was delivered before you hired in.
Very important thing. All this discussion valid only if you were in H1B status before you joined the company XXXX. If you were in any other non-immigrant status (like H4, F1, J1, OPT ect..) before filing H!B, you MUST HAVE WAITED till the approval of H1B before joining the emplyer. Otherwise you were in out of status/unauthorised employment till the approval of H1B.
Thanks. I am trying to get the actual delivery date of h1 pack. The receipt date is monday, if it reached on friday or earlier I am covered
usrfdluj said:Are you in trouble? It depends on your status prior to H1B with that company
1) if you had H1B with another company before your current employer filed your H1b, then it is a "TRANSFER", you can start to work for the new company right after your new H1b filed.
2) if you had OPT prior to your H1B, and your OPT is still valid till the day your H1B was approved, then you are also OK;
3) if your OPT was expired before you filed your H1B, or during your H1B pending, then you are still in good legal status (petition pending), BUT you are not allowed to work (unless you work for no pay). Otherwise, it is a violation.
I hope you are in case 1 or 2...
I am in status and had valid h1 visa at the time joining The employer said he filed my h1 so I joined the company
LCA can serve as reference, but not really the best proof. As many friends mentioned above, the H11 receipt notice from USCIS will be THE ONE. Also, I assume the H1 package sent by trackable mail (Fedex, UPS or USPS with track), you may also want to go online (Fedex, UPS, USPS), enter the track number, and print out the delivery confirmation which will surely have a date on it.mtaug06 said:Can we use LCA as proof?
For the receipt notice of H1b application, BOTH you AND your attorney should receive one copy. Make sure she/he also search for this doc at their end.
usrfdluj said:LCA can serve as reference, but not really the best proof. As many friends mentioned above, the H11 receipt notice from USCIS will be THE ONE. Also, I assume the H1 package sent by trackable mail (Fedex, UPS or USPS with track), you may also want to go online (Fedex, UPS, USPS), enter the track number, and print out the delivery confirmation which will surely have a date on it.
For the receipt notice of H1b application, BOTH you AND your attorney should receive one copy. Make sure she/he also search for this doc at their end.
Myself and my present attorney are trying to get this information. The old employer will take his time or may not be willing to provide this info as I left the company. Luckily I don't have paystub for that month.
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