Possible I 485 issue because of H1 Transfer

R

raj_send

Registered Users (C)
I posted in this forum as I thought that my case might be affected in the I 485 stage. I apologize for posting in the forum not appropriate for my situation.


Since 2002 till present I had been working for company A and had a H1 visa from them. Also my visa stamping in the passport is from company A.

Sometime during 2004, I moved to company B and had my H1 visa transfered. I worked with company B for 4 months. My previous company A did not cancel my H1 and is valid till april 2005.

After those 4 months, I came back to company A because of some favourable discussion about my GC filing. I simply came on board again with company A.

My questions are:

1) Should I have done a H1 transfer again back to company A?
2) when you transfer H1 to someone, it means you are going to work for them. I only worked for 4 months. Will this be a issue at the I 485 level?
3) Finally, On the form G 325 A Biographic information, which we file with I 485, asks for the Emploment History for past 5 years. I did not mention my employment with Company B for 4 months. Will this create any problems at the I 485 stage?

Any help in this regard would be highly appreciated.
Thank you
 
If I understood correctly your story it appears that you haven't transferred H1-B back to company A. If this is the case you don't have authorization to work for company A until you either transfer H1-B back to A or obtain an EAD.
Another serious issue is not reporting your employment history honestly on G325 form. If this is discovered by USCIS (they can easily figure this out from your tax returns and H1-B history) you may end up in a big mess.
I suggest that you talk to a good immigration attorney and try to correct this immediately (note that 180 days out of status falls under 245(k)).
 
Last edited by a moderator:
Yes, I haven't transfered my H1-B back to company A. But company A filed my I 140 and I 485 a month ago and my EAD is approved.

I will talk with the attorney who filed my I 140 and I 485 and see what can be done about the G352 form.

Thanks for your input.
 
my responses are inline
raj_send said:
1) Should I have done a H1 transfer again back to company A?

-- No, If H1B with A is valid and have not been cancelled
2) when you transfer H1 to someone, it means you are going to work for them. I only worked for 4 months. Will this be a issue at the I 485 level?
-- No, not at all, infact if you don't work on H1 then there is a issue
3) Finally, On the form G 325 A Biographic information, which we file with I 485, asks for the Emploment History for past 5 years. I did not mention my employment with Company B for 4 months. Will this create any problems at the I 485 stage?
-- You should not have done that, talk to a lawyer to learn if you can fix this..
Click to expand...
 
Thanks MD_Rockville.

The reason I did not mention this in the G 325 form is that, company A gave a employment letter saying that I am employed with them since 2002 - present.

If on the G 325 form, I mention about company B, then the letter that company A will not be true, that is why I omitted it on the form.
 
'A' should have given two employment letters..with 4 months of break in between..anyway you have option to wait..you may get approved w/o any problem..if there is an RFE then you can hire a good lawyer..good luck
 
honesty ...the best policy....

You are ok since you already have valid H1 from company A..

You can file for 485 amendment...updating your biographic information..

May I ask why did you skip company B work experience....??
 
I didn't want company A to know that I worked for company B for 4 months.
Bascially I was on bench and wanted to find something else and found employment with company B.
 
It happend same thing to me also. I worked Company A and my project over suddenly and waited to get another project for 4 months. I got full-time in Company B but unfortunately Company B could not answer the H1B query. So, I went back to the Company A and started working. In bio-graphic info. I did not mention Company B info. since I worked only 1 month.
 
ravvap, your H1b from company B did not get approved? If so, you are OK.

Mine was approved and I worked for 4 months.
 
ravvap said:
It happend same thing to me also. I worked Company A and my project over suddenly and waited to get another project for 4 months. I got full-time in Company B but unfortunately Company B could not answer the H1B query. So, I went back to the Company A and started working. In bio-graphic info. I did not mention Company B info. since I worked only 1 month.
Click to expand...

You need to mention all these thing. You should not be hiding. tomorrow if they ask for W2 and tax returns you may be getting into trouble.
Apart from the it should not lead you perjury. Infact USCIS may cross check all these things.

It is serious Might also lead to lying under oath.

Take care.
 
Do I need to work each company that have H1 on my name?

While I employed with Company A, company B transferred my H1B, but I never joined Company B, just continued with Company A.

Is this an issue?
 
GC4all said:
Do I need to work each company that have H1 on my name?

While I employed with Company A, company B transferred my H1B, but I never joined Company B, just continued with Company A.

Is this an issue?
Click to expand...
No, you are fine.
 
Thanks for opening this thread. when I learned about this issue, I verified my Biographic information paperwork. I was shocked. In my G-325A form,which we filed along with I-485, it says that I worked march, 2000 to till date with Company B and Aug 1998 to March 2000 Company Y. but between Company B and Company Y, I worked another company called Company X, from march 2000 to Oct 2000. which was not mentioned at all in G-325A form.

I was wondering, how come they come up with March 2000 date, where I started working with Company B from Oct 30, 2000. Now the problem is G325A paper work is not correct. What to do? I worked 3 companies total after coming US, but my G325-A is showing only 2 Companies, I worked.

My attorney prepared all documentation for my GC and did this mistake. I did verify,but I did not not

Actually I did H1-Transfer from Company X (which is USCIS thinking that i never worked) to Company A (acquired Company B). when I applied for H1-transfer, I did provide my Company X I-797 Copy approval copy, offer letter and pay stubs. So if USCIS, verifies their records for my company X I-797, they will get all evidence, which we sent them in Oct 2000.

Experts! Please advice me in this.
 
I am going to speak with the lawyer who filed my I 140 and I 485 about this H1 transfer issue. I will post his responses as soon as I speak with him.
 
Am afraid MD_Rockville is incorrect..
Here is my take Raj_send and broadly echoed by the others including the unfortunate denial that we have seen kamvp go through.
In your case, you were working for Company A, had all of Company A's legal immigration documents and then switched to working for Company B and had all of Company B's approved immigration documents. Regardless of Company A informing USCIS of the H1-B cancelation explicitly, given that you worked for Company B with its legal immigration documents is a fact that cannot be hidden and is required to be entered in your past employment history. Also, it is a must that you should have transferred your H1-B back from Company B to Company A since receiving H-1B approval from Company B and working for them, however short the period was, automatically invalidates the H1-B from Company A in the eyes of the USCIS. Its a different matter if you receive approval from Company B and not work for them in which case you would be just fine.
Be proactive and work with your attorney to have things corrected at the earliest.

MD_Rockville said:
my responses are inline
Click to expand...
 
Lot of desi body shopper never cancel H1B petition and in those cases you can go back to them after a break and work .. ( and they can make some money )

if they are not canceling H1B petitions, it is not applicants problem at all..they are sending you pay checks and stubs so why don't you think it is legal to work that way ? no one is going to risk the company by keeping you on payroll..


all you need to do is stay honest on G-235..and report each job and timeframe..
 
Last edited by a moderator:
MD_Rockville said:
Lot of desi body shopper never cancel H1B petition and in those cases you can go back to them after a break and work .. ( and they can make some money )

if they are not canceling H1B petitions, it is not applicants problem at all..they are sending you pay checks and stubs so why don't you think it is legal to work that way ? no one is going to risk the company by keeping you on payroll..


all you need to do is stay honest on G-235..and report each job and timeframe..
Click to expand...

There are lots of issues about going back to company after the break. DOL expect employer to pay the salary for the break.

There might be other issues related to your I-94, which supersedes last one.
This is really an attorney question. I would not take the decision based upon the discussion on the forum.
 
You must log in or register to reply here.
Top