question about out of status

[ommoll]

If a person has been out of status (eg., no bench pay) for more than 180 days, but leaves US and comes back with a fresh h stamp/visa, and now files for I-485. Could the I-485 be denied even then?

In other words, after entering the US on a valid h status (h1/h4), does that clear past status violations?

 

[ginnu]

If a person has been out of status (eg., no bench pay) for more than 180 days, but leaves US and comes back with a fresh h stamp/visa, and now files for I-485. Could the I-485 be denied even then?

In other words, after entering the US on a valid h status (h1/h4), does that clear past status violations?
---------------------Yes

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[ommoll]

Thanks Ginnu for your answer.
I need another clarification. If someone lost job on h1 on say jan1, 2008 and immediately finds another job.
Company B files for h1 extension on Feb 24, 2008.
But on EVL, company B mentions Jan 5, 2008 as start date of employment, how serious a violation is this?
Would this be considered unauthorized employment for those 3 weeks?
Will leaving the country and coming back on fresh stamp clear this violation?

 

[ginnu]

Thanks Ginnu for your answer.
I need another clarification.

If someone lost job on h1 on say jan1, 2008 and immediately finds another job.
Company B files for h1 extension on Feb 24, 2008.
But on EVL, company B mentions Jan 5, 2008 as start date of employment, how serious a violation is this?
Would this be considered unauthorized employment for those 3 weeks?

Will leaving the country and coming back on fresh stamp clear this violation?

you lost job on Jan 1,2008 with company A
Company B filed H1, do you mean H1 Transfer ? did the USCIS approved H1 transfer filed by B with I-94 attached with H1 transfer approval?
when did you join company B?
Did Comany A revoked your H1 BEFORE comany B H1 transfer petition reached USCIS?
provide full details or talk to company B lawyer.

 

[Jackolantern]

Thanks Ginnu for your answer.
I need another clarification. If someone lost job on h1 on say jan1, 2008 and immediately finds another job.
Company B files for h1 extension on Feb 24, 2008.
But on EVL, company B mentions Jan 5, 2008 as start date of employment, how serious a violation is this?
Would this be considered unauthorized employment for those 3 weeks?

Yes, it would be unauthorized unemployment, but it's not long enough to trigger the 3-year bar or make them ineligible for adjustment of status.

Of course, if the person actually was not employed before Feb. 24, they need to get the company to send a corrected letter to reflect the actual employment dates.

 

[ommoll]

you lost job on Jan 1,2008 with company A
Company B filed H1, do you mean H1 Transfer ?
Yes, H1 transfer.

did the USCIS approved H1 transfer filed by B with I-94 attached with H1 transfer approval?
Yes, it was approved with I-94 attached.

when did you join company B?
The h1 transfer was filed on feb 24, 2008. It was approved on april 24, 2008. The company gave first paycheque on May1,2008.

Did Comany A revoked your H1 BEFORE comany B H1 transfer petition reached USCIS?
No, company A did not revoke h1 that soon.