Out of Status

A

akhilan

Registered Users (C)
Hello,
When I came to the United States in April 2001 . I did not get a job for 6 months . I got a project in October of 2001. Now its time for me to apply for I-140 and I-485 concurrently.
Here is the problem :
# My Labor stated that I started working for the current employer in Oct'2001, This is the same employer who got me to the US.
# My Labor is approved. Now I am worried about my Stay during April 2001 - October 2001.
# I have never been out of project since then and have paid my taxes perfectly for 2001, 2002, 2003 . I have all my pay stubs too till today.

What is the pre-caution I need to take while applying for I-140 and I-485?
How do I avoid an RFE? What is kind of problem that I might have to face ?

any replies would be highly appreciated.

Thanks,
Akhila
 
Training

Best think to do is -- aks ur employer to prepare letter which indicates that u were on induction periods and u went through training for the first 6 months till oct 2001 before getting deployed into the project. Vacation as soon as u come to this country to work, I dont think that is belivable..

Good luck.
 
Thanks Guys!

But 6 months is too long period for training.

Can they deny the application based on this?

Thanks,
Akhila
 
Medical resons, training and vacation, combine all three. If at all there is a problem it will happen at I-485 stage not I-140.

Good luck
 
dont worry

mine is same case as yours and i got my I140 approval today. looks like you worry too much which is not good for health.

Nobody will ask you about why you didn't work in those periods all they care is last three months pay stubs and it don't go beyond that.

Take it easy and have some beer.

good luck.

Mad
 
akhilan said:
Can they Deny the application for this reason ?

Thanks,
Akhila
Click to expand...
There are two types of out of statuses
Staying without a job is out of status But It is within the authorized stay. In this case when apply for H1 transfer you will not get H1 transfer but they will ask you re-enter with new I-94.


In Other type you have over stayed your I-94. it will create the problem. They may not allow you to come back. 3 year or 10 year bar will applied depending upon the over stay.

Yours is first one not the overstay. So you should not have any problem. Just ask your employer to provide the experience letter from April 2001 itself. It should solve your problem.
 
Here is my situation
tammy2, what you say about my situation

when i came to usa, it is on company A and with company A I-94
but i didn't worked for a single day with company A and joined in company B
when i transferred my H1 with company B but I-94 transfer is rejected.
so i went back. and came back and start working with company B
I filed for GC with Company B
can u comment on this
thanks
 
Last edited by a moderator:
Date on Labor Certification

Thanks Tammy,

But my Labor application says my start date as "October 2001" . I cannot change that but can give a reason of training , medical reasons, etc to cover for 6 months.
How safe is that?
Also, If I submit the letter with April 2001 , this will make Labor information look wrong and might create all sorts of issues - suggested by Lawyer



please let me know.

Thanks,
Akhila
 
Last edited by a moderator:
akhilan said:
Thanks Tammy,

But my Labor application says my start date as "October 2001" . I cannot change that but can give a reason of training , medical reasons, etc to cover for 6 months.
How safe is that?
Also, If I submit the letter with April 2001 , this will make Labor information look wrong and might create all sorts of issues - suggested by Lawyer



please let me know.

Thanks,
Akhila
Click to expand...
Is total period between date of arrival and start date mentioned in labor
is less than 180 days?
Then you may be OK even stating the facts i in applications,as you will likley get protected under 245(K) -(even considering out of status for that period for example).
But if you have crossed that period (180 days)you have to carefully think.
Further,the issue may come up at 140 stage and if overcome that stage,it may comeup specifically at
485 stage(biographic information) and if you have stated actual facts.
if you want to present some thing else in 140 or 485,than mentioned
in labor,Consult/follow advice of an attorney( knowledgeable) since any RFE will be can suitably be attended by him ,which avoids problems later.
 
Can the Labor be corrected.

It is exactly April 2nd 2001 - September 30th 2001, that I did not have a project.
Can I say that I was under training ,vacation and Medical reasons.

# How difficult it is to contradict the Information that was stated in the Labor application? And tell USCIS (if they catch) that it was an typing error.

# Can the Labor be corrected now by contacting the appropriate Authority in that Labor department.

Thanks,
Akhila
 
Last edited by a moderator:
please any suggestions. My employer is not ready to give me an employment letter stating that I was employed from April 2001.
And he had forcibly taken a letter of vacation from me then.

please suggest what should be done. I have paid more than $4000 in Attorney fees and advt. for my labor.

please help.

Akhilan
 
please any suggestions. My employer is not ready to give me an employment letter stating that I was employed from April 2001.
And he had forcibly taken a letter of vacation from me then.

please suggest what should be done. I have paid more than $4000 in Attorney fees and advt. for my labor.

please help.

Akhilan
 
akhilan said:
please any suggestions. My employer is not ready to give me an employment letter stating that I was employed from April 2001.
And he had forcibly taken a letter of vacation from me then.

please suggest what should be done. I have paid more than $4000 in Attorney fees and advt. for my labor.

please help.

Akhilan
Click to expand...

Read my earlier reply and analyse/compare your situation.
Further,
1)your employer is not ready to cooperate with you for the gap period.
2)Your labor is already approved.It may be that while filing I140 you may have to explain to CIS about a 'Typo' in Labor and very convincingly.
This is not easy game given that you are dealing with an already approved labor and seeking amendemnt and/or utilising provision to reperesent at 140 application stage(to CIS) with out goin' for labor amendment.It becomes Semi crucial issue when you want to deviate from approved labor.
So again this normally need to be attended by an knowledgeable and good attorney.Any omissions and commissions will backfire for your smooth GC process later and in your own interest and up to you.This is not to scare you or to drive you to an attorney.Hence panicking may not be of much help.Take your decision carefully now.
 
Dont worry about it...my bro and i have been out of status for the longest time and while i am waiting for my approvals because i filed late, my bro's case has already been approved!
 
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