Will this be treated as a fraud? Please share your thoughts - help me

R

RamaVSC

New Member
Hi All,
    I found out there is a discrepancy in my employment date maintained by company and date I had put in my I-485 application (G-325A) differs. Though I started working with this company from Dec 5 onwards, my company record shows Nov 26 as starting date. My H1b with this company is from Dec 2. Though I have all the proofs like Salary slip, W2 and previous and current clients timesheets to support my starting date as Dec5, my company is refusing to change the starting date. Also my attorney feels that during the course of GC processing, they might have given the company maintained date.
              Employment date :
                       Per Company -- Nov 26 1996
                       Per I-485(G-325a) -- Dec 5 1996
                       H1B -- Dec 2 1996

       I am sure if INS asks for employment letter, my company will give date as Nov26. I am very much covered for the out of status. But I am worried about how INS will treat this error.
       1. Will they consider this as a fraud and deny my application?
       2. My attorney says wait until they send a RFE. Is this a good idea?
       3. Will they give us a chance to explain before they decide on my application?
       4. How to deal with this situation?

    Please share your thoughts and relieve my pain.

    Thanks to you all.
 
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I don\'t think this will be considered as fraud but as an inadvertent mistake as long as you can prove it with documents. Given the work load INS has I don\'t think they will go to that level of detail to verify. I think it is prudent to follow your lawyers advise and wait for INS to act. If you act pro actively and draw attention of INS to this matter the case will most likely get transferred to the local office for an interview creating further complications.
Who knows you may be lucky and may get approved without RE.

Good Luck.
 
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I\'d say wait it out and see if an RFE is issued. I doubt if INS will issue an RFE for this but it is anybody\'s guess when it comes to VSC. Don\'t worry yet.

Bhanu
 
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Hi alu_bukara & Bhanu,
    Thanks for your replies. As you have suggested I am going to wait for INS to react. But I am still worried about it. If anyone else has any suggestions/ideas, please share it.

  Thanks
 
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