Please read and respond!

[dollyday]

Hello everybody! I am new on this forum. I really need your help. Here is my question: In case an H1B holder didn't effectively work previously but is applying for green card thru future employer, how does this unpaid periods affect his or her concurrent filling of I140/I485 and consequent approval.
How can INS find out he didn't really work?

 

[anlyali]

re:

your I485 depends on your future employment, if there is a RFE and you can evidence with a future employment letter you will be OK

 

[jbm]

Disagree with anlyali

If you were on h1 and you realy didn't work (or paid) then esentially you were out of (legal) status.

it's also depend on how long time you were out of status, if it's small period like couples of months/ weeks, it should be fine but if it is more than 6 months you want to check with your lawyer and get proper legal advise before proceed for green card.

Good luck,

JB