Urgent: Need help with filling biographic information

G

gc_void

Registered Users (C)
My current employer is in the process of applying for my I-485 (EB3 with I-140 pending). I have a few questions on the biographic information form. Here is my situation.

In my previous employment with a consulting company I had taken an unpaid leave of absence for about 4 months and went back to India (but I was still on their payroll). During that time I had taken an employment with a company in India and they even applied for an H1 for me. But later (while in india itself) I was not happy with the company and quit that job. I came back to the U.S. with the consulting company's visa and continued to work for them until I joined my present employer.

I need your help/advice on the following questions on the biographic information:

- I am not planning to mention about my employment period of the four months in India. Will this be a problem? I don't even have any work experience letters for this. I have also not mentioned about this anywhere in my I-140 filing.

- Is there any way that USCIS can come to know of this brief period of employment in India given the fact that the indian company applied an H1 for me which I never used.

- Will the four months of unpaid leave be any cause of concern for the 485 adjudication.


Please help.

Thanks.
 
gc_void said:
- I am not planning to mention about my employment period of the four months in India. Will this be a problem? I don't even have any work experience letters for this. I have also not mentioned about this anywhere in my I-140 filing.
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If your US employer was your employer indeed at the time of 4 months "leave", you don't need to mention your India job and should not be an issue as your US job was your primary employment.


gc_void said:
- Is there any way that USCIS can come to know of this brief period of employment in India given the fact that the indian company applied an H1 for me which I never used.
Click to expand...

It's possible. H1 visa application is for US employment and not related to employment in India. However, if somwhere in H1 application they mentioned that you were employed at their India office, USCIS can know that. But I doubt USCIS will dig that deep.


gc_void said:
- Will the four months of unpaid leave be any cause of concern for the 485 adjudication.
Click to expand...

Four months leave makes W2 number significantly lower. That can cause some scrutiny about employer's ability to day (if the same employer is your GC sponsorer). But if your later tax returns and current paystubs are good enough (close to your LC salary), I think you will be fine.
 
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