repost: possible 245(k) situation - please help

[mohar11]

Gurus

Here is my situation: 6 years ago, I was out-of-status for a few months. I came to US for first time in Aug 97, with H1B sponsored by Company A.......But after my arrival, the company wanted to change the terms and conditions and wanted me to sign contracts........I didn't agree .... and I talked to Company B who filed a H1 transfer and I started working for Company B.

As per the rules that I understood at that point - Company B had to get the H1 approved within 6 months. That didn't happen. So I left US in June 98, which means I was in violation of my status for about 9 months.

Then I was back in India. Company C applied a new H1B for me, which was approved and I came back to US with this new H1 in Oct 98.

Since then I have maintained proper status..... And I have travelled in and out of US multiple times (On H1) and have transferred H1s multiple times with no problems.

Now - as per my lawyers, I have nothing to worry .... because - since I returned with lawful status in 98 and have maintained that to date, the violations prior to that are ignored. So according my lawyers my green card approval would not be affected and I can travel using AP.

I want a second opinion on that.

1. Would this affect my green card approval?
2. Can I travel outside US and comeback, using AP?

thanks

 

[saigc]

Gurus

Here is my situation: 6 years ago, I was out-of-status for a few months. I came to US for first time in Aug 97, with H1B sponsored by Company A.......But after my arrival, the company wanted to change the terms and conditions and wanted me to sign contracts........I didn't agree .... and I talked to Company B who filed a H1 transfer and I started working for Company B. by not working for company-a and not getting paystub you have not maintained your h1 status properly (it does not mean that you were illegally present). when did you transfer the h1 to company-b? from the timeline you gave, you were not supposed to work for the company-b after just filing the h1 transfer petition. this portability were passed as law only few years back. so the main concern is not for maintaining the status but you have been working for another employer without proper authorization. consult with good lawyer.

As per the rules that I understood at that point - Company B had to get the H1 approved within 6 months. That didn't happen. So I left US in June 98, which means I was in violation of my status for about 9 months.

Then I was back in India. Company C applied a new H1B for me, which was approved and I came back to US with this new H1 in Oct 98. first how did you get new h1 visa. you say that you were out of status then what did you fill in the application form for the question like "have you ever worked without proper authorization", etc. uscis will treat this as misrepresentation or fraud. its understandable that you did not do intentionally but in the western countries ignorance of law is not excusable.

Since then I have maintained proper status..... And I have travelled in and out of US multiple times (On H1) and have transferred H1s multiple times with no problems.

Now - as per my lawyers, I have nothing to worry .... because - since I returned with lawful status in 98 and have maintained that to date, the violations prior to that are ignored. i heard the same but its not good to count on that. working without proper authorization is very serious than sitting in bench without paystubSo according my lawyers my green card approval would not be affected and I can travel using AP. its better you consult nationally reputed law firms. with these issues its not good to travel outside using AP. its better you consult good lawyer immediately and try to avoid travelling outside until your greencard is approved

I want a second opinion on that.

1. Would this affect my green card approval?
2. Can I travel outside US and comeback, using AP?