485 Filing Question - Please Advise

[kishore_pv]

Hi Experts,

I have 485 Filing Question as part of GC thru my employer. Please advise.

I joined my current employer in Sep 2007. They initiated my GC and labor was applied which got approved. My Priority Date is in Mar 2008. However, due to some personal reasons I had to join other company in May 2008 for only 3 days. I came back and continued with my current employer again as they convinced me. There was no change to anything. So till date, I am continuing with same employer. They filed my 140 as well later in 2008 end and got approved. Now I am eligible to apply for 485. I was with my current employer during labor approval, 140 approval. Only 3 days in between (i,e after labor approved and before 140 was applied) I was with another company for 3 days.

My question is whether I need to mention even those 3 days of employment with other company in my 485 filing ? I received 3 days pay from them, got W2 from them. Included in my tax returns. So can you please advise whether I need to mention this now during 485 filing ? As my priority date and labor was approved before joining the other company, will there be any impact to my current 485 filing as I am continuing with those dates ? Do I need take any steps here ? Pls advise. I din't mention this during my h1 extensions nor 140 filing. Please advise.

Thanks

Kishore

[Belle]

If you worked with authorization, then you should put it.

[kishore_pv]

Hi Belle

Here is my scenario. Please advise whether I am ok or has any legal implications on my I-485 filing ?

- Joined company A in 2007 on H1b. They initiated my GC. Labor was filed & approved in Mar 2008. Priority Date is in Mar 2008.

- For some personal reasons I had to join another company B in May 2008 for only few days. ( 3-4 days on new h1 approval). However, I returned back to my original company A as they convinced me. I am continuing with company A till date.

- In 2008 end, my current company A, has filed I-140 and this got approved. Now I am eligible to apply for I-485.

So my questions are :

1. I hope with this few days of employment with other company after my labor approval & before 140 with my current employer will not affect my priority date or labor or 140 right ?

2. I did not realize to show this few days of employment & approved h1 petition during my 140 filing and h1 extensions. So if I disclose it now, it is better or not to disclose ? ( i have w2 from company B and I filed taxes as well). Disclosing Vs not disclosing implications.

3. In case of disclosing, do I need to show my employment history as continuous or stop-and-start again ? Because technically my employer (company A) continued me on old h1 with same benefits and no change. They are aware of few days of employment with other company.

Company A : Sep 2007 to present

Company B : May 01 2008 to May 05 2008

Please advise.

Thanks

Kishore

[Belle]

1. This has nothing to do with your green card case.

2. Just state the truth.

3. This is not relevant.

What is relevant is whether you had your H1 changed back to employer A using COS. If not, you may be found to be working without authorization and out of status. Talk to a lawyer.

[kishore_pv]

1. This has nothing to do with your green card case.

2. Just state the truth.

3. This is not relevant.

What is relevant is whether you had your H1 changed back to employer A using COS. If not, you may be found to be working without authorization and out of status. Talk to a lawyer.

Hi Belle

Greetings.

From my above point 3 to which you said COS. My scenario is, my current company (A) convinced me to come back. So I continued with them again in same old position, old H1 approval (I-797), same benefits. They did not cancel my H1 approval. Coming to my 3 days of employment with other company, it was on their I-797. I attended only induction in those 3 days and then moved back to my old employer and continuing till now. So I have not worked without authorization with and was not out of status. So:

1. Hope I am fine and can disclose my this 3 days of employment during I-485 filing which I forgot to mention during 140 filing time before.

2. Also, my company name got changed recently so they are planning to apply for I-140 amendment and I-485 now. So now when we are filing again I-140 Amendment, do they (INS or USCIS) expect it should be same as what it was submitted before ? or it is ok to provide them ? Also I have I-797 & W2 from 3 days employer but not work experience certificate, since it was only 3 days where I attended induction and has not worked.

Please advise.

Thanks,

Kishore

[Belle]

Cancelling approval has nothing to do with it. You can have 20 valid H1 approvals, but neither may put you in status. What's in your most recent I-94 is what makes the status - the name of employer. If you work for them, you are in status. If you don't, you are out of status. If the company you worked for for 3 days did your COS (and they probably did), and when you went back, you did not do COS, your most recent I-94 will show that copmpany. In this case, you have been out of status for over 180 days and cannot file AOS. You may try to convince the lawyer to file nunc pro tunc, or you may have to leave the US and re-enter on H1. What is also likely to happen if you don't do the above things is that your I-485 will be accepted (i.e. money taken) and then denied once the USCIS pulls the history of your status changes.

You are worried about the wrong thing.

[ak101]

guys I am new to the forum....what is COS....

[Belle]

Change of status. Form I-539.