h1bdropbox Posted October 25, 2011 Report Share Posted October 25, 2011 Hi, I was on a valid H1 until Feb 2011. I then went to India and because of stamping issues, got back to US on H4. I found a new employer who filed for a new H1B petition with COS and I started working in July. There were some initial hiccups with E-verification which the lawyers sorted out with INS on the basis of potability. My H1 B petition just got approved, but with a start date in October. Do you think my July to October status was fine based on portability, or am i in trouble? Please someone let me know. Thanks. Link to comment
JoeF Posted October 25, 2011 Report Share Posted October 25, 2011 Hmm, there may be issues with that. USCIS has recently taken the position that working while an H1 transfer is pending is only allowed if the person is in H1 status. For somebody in H4, the person has to wait until the H1 is approved. You should discuss this with your lawyer. Link to comment
h1bdropbox Posted November 7, 2011 Author Report Share Posted November 7, 2011 The company lawyers had already got the work authorization cleared when my I-9 was filed, on the basis of portability. They are saying my case is fine because the receipt date was prior to date I started working and even though the start date on the petition is in october, I can work based on receipt date. Will I have any issues whenever I go for stamping or in future with green card processing? Link to comment
JoeF Posted November 7, 2011 Report Share Posted November 7, 2011 The company lawyers had already got the work authorization cleared when my I-9 was filed, on the basis of portability. They are saying my case is fine because the receipt date was prior to date I started working Sigh. That's the exact problem. Nowadays CIS no longer allows working just with the receipt notice, if the person doesn't currently have an H1. It seems that the company lawyers may not be all that up-to-date... Link to comment
JoeF Posted November 7, 2011 Report Share Posted November 7, 2011 Also, see In particular, the answer from Attorney7. Link to comment
h1bdropbox Posted November 8, 2011 Author Report Share Posted November 8, 2011 Yes, but they did seem to use it to get me authorization when I-9 was filed using E-verify. Now that I had already worked, what can I expect in future? Will I have any issues? Link to comment
JoeF Posted November 8, 2011 Report Share Posted November 8, 2011 The I-9 is something completely independent. E-verify also has lots of problems, which is all well-known to competent immigration lawyers. You working while the H1 was pending may be considered work without authorization. That can of course come back to bite you. Link to comment
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