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View Full Version : L1B to H1B to filing GC now......(Need your help)


toarpit
01-22-2012, 12:14 PM
Hello,
I have a situation here and I need your advice.
1) Came to US from company A on L1B Visa in June 2010
2) In the month of November Company B applied for my H1B and it got approved with COS on November 23 2010
3) I learnt about COS on December 3 2010 once I received FedEx of I-797A of my wife and daughter which had I94s valid from November 23 2010
4) I resigned from company A but still worked till December 14 2010
I understand that from November 23 to December 14 (21 Days), my work for Company A was illegal/incorrect.
Now I want to know,because of above problem-
1) What will be repercussions on my GC filing
2) On H1B stamping once I go back to my Native country
3) Is there a way to fix this issue?
4) Should I get this fixed before GC is filed or while GC is in progress
Thx

mechanical13
01-22-2012, 01:28 PM
As you mention..your employment with Company A after COS was improper, and it may impact your GC process because they ask you if you have ever worked without authorization in the forms.

You can't lie in the forms, because that would be perjury.

Consult a immigration attorney. I am not sure why you continued to work for company, but perhaps your had a circumstance that was extraneous.

toarpit
01-22-2012, 01:47 PM
Thanks
Can you also tell me what are those forms? Are these GC &/or Visa filing forms? Is there a provision to explain the reasons for 21 days of unauthorized work?
Appreciate your reply

kris09
01-22-2012, 04:20 PM
mechanical13,

"it may impact your GC process because they ask you if you have ever worked without authorization in the forms"

Could you please point to where this question is asked?

toarpit,

A) Did you get paid for the extra # of days you worked for company A ?

B) Do you anticipate leaving the country and coming back between now and filing for AOS (485).

From GC perspective, I know for sure it won't affect your case beyond 140 stage, but not sure how it works for h1b stamping, perm, 140 etc.

In any case, consult a good attorney, given where you are in green card journey, its best to play it safe.

Also, be careful on how you get your experience letter etc, since your "unauthorized employment" straddles across nov/dec months.

toarpit
01-22-2012, 07:29 PM
Hi Kris09,
Thanks for your reply....
My reply to questions-
A) Did you get paid for the extra # of days you worked for company A ?
Yes

B) Do you anticipate leaving the country and coming back between now and filing for AOS (485).
Yes, so that I re-enter with clean slate.

I really didnt understand by "Also, be careful on how you get your experience letter etc, since your "unauthorized employment" straddles across nov/dec months".
Being it in Nov/Dec can cause a problem?

kris09
01-22-2012, 08:53 PM
Well, its not about nov/dec as such, but just trying to point out the fact that if your experience letter says Dec 14th, that is one more place something doesn't add up.

Imagine a scenario where the 21 days all fall in same month (say 9th nov - 30th nov), one could get an experience letter that says employee worked between Jan-2009 and Nov-2010.

Of course, I'm not suggesting you lie or your circumstance might be different and what I say may not apply. Given the information in the post, I'm making the assumption that you will start your GC process with company B and will use the experience from the L-1 sponsoring company (A).

toarpit
01-22-2012, 09:03 PM
I see a point in what you are saying and appreciate that, but I am not sure how will I get an experience letter (MM/YY or MM/DD/YY)....
I hope it goes through well