hzimmer Posted November 27, 2014 Report Share Posted November 27, 2014 Hi, I am an H1b visa worker since 2010. I will apply for the green card through employment soon. I wonder if my future i485 application can be rejected because of the following reason. I statred working with the employer A in 2009 with my OPT permit, then the employer A submittet my H1b application before my OPT permit expires. On the H1b form I received, it says valid from 5/10/2010 to 05/09/2013. There is no problem until here. Then, I found a new job, and quit my job in 11/28/2011 from employee A. My new employer B submitted my H1b application with a receipt date 12/05/2011. During a week I traveled from Atlanta, GA to San Diego,CA and started working with employer B on 12/05/2011. I think, during this one week (between 11/28/2011 to 12/05/2011) my stay in the USA was not legal. Neither employers informed me that I must start my new job the day I quit my previous job. Now I'm wondering if this situation will be a problem in the future when I apply for the green card through employment. I wonder if my i485 application is going to be rejected. If so, what can I do to prevent this. Thanks in advance. Link to comment
jairichi Posted November 28, 2014 Report Share Posted November 28, 2014 You are fine. Nothing to worry about that small gap. Link to comment
pontevecchio Posted November 28, 2014 Report Share Posted November 28, 2014 You have 60 days to report between job changes. Your thinking that you have to start the job the next day is WRONG. Link to comment
rahul412 Posted November 29, 2014 Report Share Posted November 29, 2014 No problem, you are good to go. Link to comment
ashuneel Posted November 29, 2014 Report Share Posted November 29, 2014 It should be OK. Although it does not change the fact that you were out of status for 7 days. Ideally employer B must file petition before your last working day at employer A. You can join later as moving takes time. Link to comment
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