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Results 1 to 6 of 6
  1. #1

    Default PERM - Was out of status for 1 month

    I did L1 to H1 transfer last year.

    I was told by the H1 employer that I can work with the H1 receipt number so I've left L1 company on Oct 17,2011 and Joined H1 company on Oct 18,2011. However my H1 was approved on Nov 15,2011.

    Will this period be considered as Out of status? I'm planning to apply for PERM this week. I'm not sure if this will cause problem in my PERM or I-140 approval.

    Any idea?

  2. #2

    Default

    Quote Originally Posted by visacheck1 View Post
    I did L1 to H1 transfer last year.

    I was told by the H1 employer that I can work with the H1 receipt number so I've left L1 company on Oct 17,2011 and Joined H1 company on Oct 18,2011. However my H1 was approved on Nov 15,2011.

    Will this period be considered as Out of status? I'm planning to apply for PERM this week. I'm not sure if this will cause problem in my PERM or I-140 approval.

    Any idea?
    Has anyone faced similar issue?

  3. #3

    Default

    Quote Originally Posted by visacheck1 View Post
    Has anyone faced similar issue?
    Can someone shed light on this?

  4. #4
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,350

    Default

    It is not out of status work but illegal work that your employer has made you do. This could potentially become an issue during the I485. Talk to your attorney for mitigation plans.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

  5. #5

    Default

    Quote Originally Posted by txh1b View Post
    It is not out of status work but illegal work that your employer has made you do. This could potentially become an issue during the I485. Talk to your attorney for mitigation plans.
    True, but the employer's offer letter says the joining date as my H1 approval date. So the employer can easily prove that I was not employed during my approval period. So I was wondering if this will be an out of status?

  6. #6
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,350

    Default

    If USCIS/DOL launch an audit, your employer will not help you in any means as many of their spurious practices will come to light if they try to cover up.

    My posts do not cover the illegal aspects of covering up things but rather legal ways to address issues.

    In your case, an attorney can easily ask you to re-enter the country prior to 485 filing on a visa that will sort of provide a relief at a later point. That is whay I asked you to talk to one.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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