Out of status for few months - How to answer on I-485

G

georgia

Registered Users (C)
My husband had H4 for several years, then changed to H-1B in May of 2001. Due to economic slowdown, the company was not able to find a project for him, hence he never got paid from them. In November of 2001 he changed his status back to H4. He is now H4 and has a valid I-94. However, I heard that he might have been out of status for those 6 months since the company that sponsored his H1B never hired him.
Now, I will be applying for I-485 and will include him in my application. There is a question on Biographical data about employers. Should he list that company that sponsored his H1B as employer for several months, or should he not put anything since he wasn\'t really employed? If we put nothing and INS catches that he was out of status for some time, how will that affect his I-485?

If anyone had similar case, please share. Thanks a bunch!
 
Well i think it will

not be a problem at all . From what you posted i understand he will
a dependent on the 485 application , so i dont think that will
be an issue .
 
To be an employer the person must have been employed

Your husband never was employed but the company that sponsored his H-1 so they were never his employer. You should answer the question accordingly.

Verofy this advice with the attorney who is filing the I-485 since that attorney is responsible for handling issues that arise. The attorney should also have a better handle on the facts of the case than I do.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
I think you can pay $1000 penalty for I-485 out of status for more than

certain number of days. Best will be talk to your attorney.
If your husband had a valid I-94 and H1b then I think you can write as
an employer, sometime too much honesty kills you, but you don\'t
want to take a chance either. Talk to your attorney BUT make
your own decision. And don\'t let you attorney screw you up either.
There are so many fake attorneys around, you have to be careful
of those. I had similar encounter with one, she did not know about a labor cert, and started panicking after there was one response
for a job ad by a us citizen. So make your decision with some
investigations. good luck and please post here.
 
if he had a valid H4 at that time, he is okay

He applied for change to H1 from H4, but since he never joined the company, so you can not mention that he worked for such and such company. His H1 was approved but was never used, so he was assumed to be on H4 at that time. so, was his h4 valid at that time?
This is just my opinion, you better talk to a competent attorney.
 
It doesn\'t sound as if he will need to pay the $1000 fee

Not properly maintaining status is much different than being illegally present. It\'s also not 100% clear that he is even eligible for the exception under 245(i).

I agree that you need to be careful with ANY attorney who will allow you to make a knowing misstatement on the I-485 form. You need to be careful that your attorney knows what s/he is talking about. You also need to be extremely careful with any advice you get in this forum.

Sometimes too much DISHONESTY gets you deported for immigration fraud.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
A person changes to H-1 status when INS issues the I-94 indicating H-1 status

Normally this happens when INS issues an approval notice for a COS. Not joining the employer does not mean that the status was not changed, it means that the person is now not properly maintaining the new, H-1 status.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Advanced Parole question

Please advise whether travel outside the US is OK under these circumstances. I have passed the 6 year limit on H1 and am currently in the 1 year extensions. I have filed for the 485 adjustment and have an advanced parole(AP). The last US visa in my passport expired last year. Is it safe to travel with the AP or is there any other document I need to carry?

Will appreciate any feedback.
 
Hi all,

Thank you for your responses. His I-94 still says H4 since he hasn\'t been out of country for 2 years, but I guess it doesn\'t matter now... I will check with a couple of attorneys, however, I cannot imagine one giving me advice to lie on I-485. We probably will take our chances and not put that company as his employer. I wish I only knew what they can do if they notice it... Anyway, I\'ll post the answer of both attorneys here. Thanks again.
 
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