out of status with GC process

[rajkumar.t08]

Hi

 

• guys with my employer A current job got over on feb 28th and new employer B filed my LCA on March 2nd;
• I got my H1 transfer done and started working on March 23rd;
• during the gap of three weeks I did not apply for a COS to B2; I did not know I will be  out of status during that time........
• but I got my H1 with employer B for three years

 

 

I am applying GC this year will this out of status for three weeks affect my GC process.

 

Thanks 

[pontevecchio]

If you got an I94 with the new H1 petition from B, you have to just move on as you WERE NOT OUT OF STATUS.

[rajkumar.t08]

@pontevecchio: can you tell me how to come out of this situation

[pontevecchio]

There is no situation. Assuming you meant the H1 petition with B was approved with an I94, they do not consider you OOS.

[rajkumar.t08]

 in case if uscis finds the issue, how to com out of it.

[pontevecchio]

They know all about it. They still gave you an I94 with the new H1 petition approval. That makes you legal to stay and you were never out of status. Just move on. You are looking for a problem where none exists.

[newtogc]

Thanks @pontevecchio. I too was out of status for almost 3-4 weeks. My new petition with another employer was eventually approved. I'm concluding that I was not out of status for those 3-4 weeks because I will still getting paid short-term disability salary.

[ashuneel]

Technically the new H1 petition has to be filed on or before the last day with employer A. You have 60 days from that day to join new employer. Approval can come anytime after that.

The fact is USCIS overlooks brief lapses all the time so you should be good.

Just remember to give correct dates of employment in the future(PERM etc) as willfully falsifying data will hurt your case.