Will There Be Any Issue In My Green Card Process Regarding Gap ?


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I am on H1-B visa. I came first time to USA in Feb 2016 to joined my employer A . My employer A has filed my h1 as well. My employer A has arranged my stay at hotel and got me a job by May 2016. My employer A did not paid anything from feb to may but paid this amount as pre-assignment salary in June 2016 . From Feb to May my employer A has paid $1000 as loan and later deducted it from my pay check. So from Feb to May I did not got any pay stubs ( salary slip). After working over a year with this employer A, I left them on good terms. I got my experience letter (from employer A as well ) in which my start date is mentioned as May 2016 instead of Feb 2016. Now my current employer B will be filing my Green card . So will there be any issue in my Green card process regarding gap from feb 2016 to May 2016?

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  • 2 weeks later...

This information might have changed so please verify from an authoritative source.

At the time of filing for I-485 USCIS verifies that your are in proper status since the date you last entered the country, which means issues with gaps in status etc are not looked at if you have been out of the country and back.

So in your situation if you are worried about the gap period, leave the country and come back on a new I-94 you'll have a new entry date and maintain proper status from that point on, and given your process has not even started and current back logs you will have over 5 yrs of proper history more than USCIS cares for (again futuristic talks here, no one known what the policies will be when it is your time to file for COS).

Again, this is based on what used to be the case sometime back, so get with an attorney for most current information.

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  • 1 month later...


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