I have a friend who came in US with H-1B visa. Her first entrance date was in March 2004. She then immediately reported to the company that sponsors her H-1B. As you know, she has to get a social security number before she can legally work and get paid. The processing speed in local SS office was very slow, it took about 1.5 month for her to actually get an SSN assigned. So she started working for the company from mid-April of 2004. This leaves her one and a half month unemployed after her first entrance to US.
My first two questions are: Was she considered to be out of status during this unemployed 1.5 month with a valid H-1B visa when she was waiting for her SSN? Is it normal for people who come US with H-1B visa to have a short unemployed period of time (such as 1 month) when waiting for SSN?
Now the company starts a GC process for my friend. The application form for labor certification puts her starting employment date as "from mid-April" and even doesn't mention her waiting time for SSN (between her first entrance date to US and mid-April). Could such application (not mentioning a 1.5 month time gap between entrance date and the starting date for work) hurt my friend when she moves to 140 or even 485 stage? If yes, what could be the worst damage she can get and what should she do in order to avoid the damage?
If you have any similiar experience, could you please share your knowledge with my friend here?
Thank you very much in advance.
My first two questions are: Was she considered to be out of status during this unemployed 1.5 month with a valid H-1B visa when she was waiting for her SSN? Is it normal for people who come US with H-1B visa to have a short unemployed period of time (such as 1 month) when waiting for SSN?
Now the company starts a GC process for my friend. The application form for labor certification puts her starting employment date as "from mid-April" and even doesn't mention her waiting time for SSN (between her first entrance date to US and mid-April). Could such application (not mentioning a 1.5 month time gap between entrance date and the starting date for work) hurt my friend when she moves to 140 or even 485 stage? If yes, what could be the worst damage she can get and what should she do in order to avoid the damage?
If you have any similiar experience, could you please share your knowledge with my friend here?
Thank you very much in advance.