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I used to work for company A which sponsored my H1B, but half of my wages were paid through my sponsor employer's partner company B as "non-employee compensation", and I received 1099 MISC with company B's name. It's hard to say if I really worked for company B because their business are just twisted, and all my activities were performed under the instruction of my sponsor employer. Such a situation lasted for a year, then I changed to another employer C and therefore stopped this type of working.
While applied for the change of status to employer C, I disclosed my working history in my CV by listing that I worked for both A & B during the same time period, and my COS got approved with no issue, USCIS sent me I-797A with new I-94. So I started working for C without leaving the US.
Now I have to travel to my home country on business, my previous visa has expired long ago so I need a new visa stamp to return to US. On DS-160, I will disclose my problem again in the section for previous employment, but not sure how to answer the question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a US visa?"
I will appreciate very much if anyone could advise my questions:
1) Since USCIS approved my change of status with disclosure of my problematic work history, is this fact enough to support that I didn’t violate my H1B visa terms?
2) If I select “no”, will it result in misrepresentation when consulate officer holds different opinion from USCIS
3) If I select “yes”, will it lead to inadmissibility and denial of visa? Or even worse, invalidate my previously approved change of status?
While applied for the change of status to employer C, I disclosed my working history in my CV by listing that I worked for both A & B during the same time period, and my COS got approved with no issue, USCIS sent me I-797A with new I-94. So I started working for C without leaving the US.
Now I have to travel to my home country on business, my previous visa has expired long ago so I need a new visa stamp to return to US. On DS-160, I will disclose my problem again in the section for previous employment, but not sure how to answer the question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a US visa?"
I will appreciate very much if anyone could advise my questions:
1) Since USCIS approved my change of status with disclosure of my problematic work history, is this fact enough to support that I didn’t violate my H1B visa terms?
2) If I select “no”, will it result in misrepresentation when consulate officer holds different opinion from USCIS
3) If I select “yes”, will it lead to inadmissibility and denial of visa? Or even worse, invalidate my previously approved change of status?
