Not worked for an employer that processed my H1B - AOS application

[mythili_g]

Hello Everyone,

In the early part of year 2007 I lost my job on H1B, Immediately I started looking for jobs considering 2 months of grace period. Also, I tried to work through a consulting firm in order fetch any projects. They processed my H1B before the grace period ended. But I did not receive my papers until 3months later. So,I have not worked for the employer that processed my H1B till then. Meanwhile I developed some health issues. After I received my H1B papers, I was unable to start working as I not able to decipher my health condition (now it has been validated as Arthritis). So, I left the country in 2 months after I received my H1B. After I left to India, I assumed that H1B would have got cancelled as I have not reported to my consulting firm of my possible return. I stayed in India for 2 years for treatment and returned to US on H4B. How will this be considered on the G-325A application during Adjustment of Status process?

Please advice.

[howdy_howdy]

I strongly believe you won't have any issues during your AOS process. Although you were considered out of status during those few months when you were on h1, when you left the country, you were on a status. So, mostly likely it won't be an issue.

One of my colleagues - about five years back - forgot to apply for h1 extn and went out of status for about three months before getting h1 for himself; he left for India for stamping and got his stamp, came back to US, applied PERM, got h1 extn and within two years he got his GC.

Consulting a competent attorney like Murthy is always a good idea.

Good luck

howdy_howdy

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