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  • Question regarding GC Filing

    Hi,

    I am working in US on H1B visa.
    My wife was working in India with Emp A (consulting org). She took a LOA (leave of absence - without pay) and moved to US (on H4).
    She had a previous H1, and hence started looking out for job oppurtunities here. She got an offer from Emp B (end client).
    After getting her H1 transferred to Emp B (but before joining them), she dropped her papers (with Emp A).

    Due to the 3 months notice period in India her Emp A took time to releive her, and by that time she had already started working with Emp B (here in US). i.e. she started working with Emp B from Sept 14th whereas her Emp A releived her (as per the releiving letter issued) on Oct 7th, 2015.
    So technically there was a period of dual employment (i.e. with Emp A, India as well as Emp B, USA) from Sept 14th to Oct 7th. Just fyi as she was on leave of absence (with her Emp A) hence she was not getting paid (even during this overlap).
    Now we are looking forward to get her Greencard process initiated (through her Emp B).

    As per our understanding, as part of this process here prior exp letters / releiving letters would be submitted to USCIS.
    So wanted your guidance / inputs if there can be any potential issues with respect to her current H1 status or GC filing process (given her work history).
    Thanks.

  • #2
    Hi Senior Members,

    Will appreciate your inputs on this.

    Thanks.

    Comment


    • #3
      Originally posted by akhil_agarwal1 View Post
      Hi Senior Members,

      Will appreciate your inputs on this.

      Thanks.
      If she was not working and not getting paid, I do not see any issues with respect to that.

      This is my opinion not legal advice.

      Comment


      • #4
        It is not always the case. There are cases where it has created issued because of the overlapping employment period. The good thing is, the person did not work for two different U.S employer at the same time on H1B status. If an RFE is raised for this issue, then the lawyer need to document the case properly mentioning that it took time for the previous employer to relieve the candidate and one need to provide proof to show that he/she was actually on unpaid vacation (vacation approval letter etc).
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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