Query on AOS; did not ammend H1B in past from previous employer
Dear Rajiv,
My previous employer (just before I joined current employer in 2009 on H1) failed to file H1 amendment when I worked from CA on a project for 167 days whereas the original LCA was for CT. My GC was filed by my current employer in 2011 (I-140 also approved in 2011) and I have re-entered US in 2012 (3 year H1 extension). Can failure to file H1 amendment by previous employer be a problem when we will file I-485?
If the above case is unclear, here are the timeline of events since I entered US..
• Arrived in US on L1B VISA (Company A) in 2007 and started working immediately.
• Company B applied for H1B CAP in March-2008 with a consular process. Got approved however neither went for stamping nor joined Company B.
• Company C filed the H1B transfer on PP (Based on H1B CAP already approved through Company B)
• Resigned Company A
• Company C received H1B approval valid from x/2009. Started working for Company C on x/2009.
o On y/2009, I was assigned to a project for a client in California. Initially, I visited them and then moved with family on z/2009 as the project required client interaction.
o Very high chances that Employer C did not file a new LCA or H1B amendment.
• Company D filed H1 transfer and I started working for Company D after few days from approval.
• Company D started GC and got I-140 approved. I-485 not filed due to PD is not current. Received H1 extension for 3 years in 2012. Re-entry to US in 2012 with VISA till 2015
o Another Travel Plan (Exit 1/2014 – Entry 2/2014 on Company D H1B)
• Company E plans to file for H1 transfer while I am outside USA (with a future date 3/x/2014) and 3 year extension (Based on I-140 approval from Company D )
o If I join company E, they will restart my GC in Aug-2014 (will port priority date)
I never paid attention earlier and recently discovered a lot of things about H1 and GC processing.
Q1: Since Company C didn’t file the LCA/H1 amendment when work location changed, was I out of the status or unauthorized to work or unlawful present till I joined Company D (For Total 167 days)?
My PERM was filed after that by Company D and I have traveled outside USA once after that. Will that still create problem with I-485 (when they file in future)? Will Section 245(K) fix this problem?
Q2: I was always paid by Employer C however first few paychecks were not of same amount. Does that create a problem? Is that checked in AOS?
Q3: If I join company E and reprocess the GC, does it increase my chances of I-485 getting denied?
Thank you very much in advance and appreciate your effort and help to community.