Status Question for I485 Interview. Please Help.

J

journey5year

New Member
I came to US five years (september 1997) back by using company 'X's H1B and directly joined company 'Y'. After I joined in company 'Y', I got company 'Y's H1B on Dec 02,1997 (i.e. 2 months 21 days). Company 'Y' shows all their records/payslip for my HIRE DATE as Dec02 but 97 not september97. I still continue working for company 'Y' and filed my I-485.

I have a question that my entry into US is considered as illegal? because I used 'X's H1B to enter into US and directly joined 'Y'?.
My stay in US for this 2 months & 21 is illegal?.

I have my I-485 interview at local INS on Jan 2003. I never mention in my I-485 application about company 'X's H1B. In the interview, what do I tell them if they ask about my status and entry into US. Do I need to tell the thruth and pay the penalty?. Please give your reply.
 
No Need to worry

It's not a interview. Its just a formality to stamp you passport with temp. GC .

Just relax.
 
not quite true!

it is a mistake to think of the interview as a "mere formality". you do have to be prepared, you can be asked to submit additional documentary evidence, and some troublesome questions can potentially come up. and, yes, in many cases, it could just turn out to be a formality, too.

i know this does not answer your specific questions, but maybe other participants of these forums could post their experiences/advice.
 
The question is what do you mean when you say you directly joined Y? Did X formally release you (meaning fired) from their employment as soon as you arrived (in Sept) or did you resign from X.

If neither of the above happend ie: they did not fire you and you did not resign, then in my opinion it looks like X broke the law (if they did not pay you) for a period of two months but I am not sure whether you can be held responsible for that. After all you had a valid H1 from X at that time.

If they fired you in Sept or you resigned then technically you would have been out of status from the day you were released to the day Y filed for your new H1. Hopefully this window was so small that INS may let it go (maybe with a fine)....in any case my advice is to stick to the truth!!!!
 
You must log in or register to reply here.
Top