G325A Employment History - Please advise

[ttsanjay]

Hi,

I'm working for company A , who is going to apply my I-485 . I did H1 transfer to company B (approved) last year as company A was doing layoff . I worked for company B for few days when I was on vacation and decided to continue with company A. I didn't quit company A so far . I got paystub from company B only for that month recently .

1. Is my H1B status still valid with company A?

2. What kind of problems will arise if I list or don't list company B experience in G325A Employment History ?

Please let me know your comments and definitely that will help me a lot .

[Belle]

1. You can have any H1 authrizations, but you may only be in status with one company. It is not clear who's autorization is on your most recent I-94. That's the company you should be working for.

2. Well, to start with... you are lying under oath, that's perjury. The USCIS may also notice that you COSed your H1 status, and never worked for the company. That puts you out of status for the period you were supposed to work for B, and possibly ineligible for AOS (see below).

Here is your big problem. If you COSed your H1 to B, you should have COSed it back to A after you decided not to work for B. If you did not do it, you have been out of status since you quit B, and if that's over 180 days, you are not eligible for AOS. Not mentioning your job with B is quite stupid from pretty much every angle. Not being in status is even worse.