Urgent : Please Help!!!!

B

Bhim Tal

Registered Users (C)
Yesterday night, I happened to see my H1 document from my current employer that was effective two weeks after I actually started working with them. I was told that once H1 is applied I am legally authorized to work for them. It seems they cheated and lied to me as they filed H1 after I joined them.

I joined this company on 10th July’98 where as H1 was effective from 26 July’98 and got salary effective July 10th. Before joining this company I was working with different company on H1.
 

Can this have any impact on my GC? Is there something I should do proactively before INS find this out? What are the chances for INS to find out I worked unauthorized?

Please advice!!!!!!!

EB2, FP : Apr 01, ND:JAN00

Thanks!!!!!!!!!
 
No Title

Hi,

Assuming that INS asks you to explain this (in the form of an \'Intent to Deny\' notice)...you have two ways out of this...the 245(k) provision, which helps overcome any out of status issues (for less than 180 days) and also the 245(i) provision...

So, don\'t worry...for all we know, they may completley overlook this...

Srini
 
No Title

Why do you feel you have been cheated. Nothing to worry. This is quite normal.
INS approves the H1B petetion filed by your employer and takes some time to send it to the attorney representing your employer. Then there is some postal delay. Then it reaches your employer\'s attorney. Then the attorney sends it to your employer. There is again some delay involved. Then your employer sends it to you. All this could add up to a month.
I do not understand why you are worrying over something which is really not any issue. Or is there anything which I did not understand.
Thanx
 
No Title

Sorry, I got mixed up with the dates. Please ignore my previous message.
 But still I feel this should not be a problem. I know a friend who also joined another job even before the H! transfer approval. Now his I140 is being filed. Generally these consulting firms in their anxiety of not loosing the client tell us that the H1 is approved and it will take some 10 days to come by post. I know this is not correct, but how serious it is, should talk to some attorney.
 
No Title

Srini123, do you beleive that the application would be looked at prior to Apr\' 30th? Highly unlikely.. so 245(i) provision is out.. I would say lay low and just see what happens. Also if you think your company cheated (although it is your responsibility to check everything) then don\'t even bother speaking to your lawyer about it. Most likely INS will not notice it because they can detect primarily overstay cases.

Bhanu
 
No Title

Bhanu,
For 245(i) to be affective, the case need not be looked before April 30th. It has to be initiated before April 30th. So, everyone whose PD is before April 30th, come under 245(i).
So, 245(i) is not ruled out in this case.
What I believe, INS will ask for the recent pay stub, W2, employer letter etc. and most likely won\'t know about 10 days of working prior to H1 approval unless apilcant tell them. SO, keep your finger crossed and hope for the best.
 
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