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H1b Out of Status and Green Card Processing

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  • 12-28-2009, 02:47 PM
    jylyme
    H1b Out of Status and Green Card Processing
    I have got in-person interview I-485 at local office...

    Here is details:
    Current Status: H1B valid upto June 2011
    I-485 is filed for more than 180 days
    I have EAD
    Priority date: End of March 2005 (EB2 I)
    I used AP (Advance Parole) to reenter in USA this year

    ===============================
    Here is the issue:

    came in USA in July 2002 through H1 on say Company_2002. The Company_2002 did
    not pay so did not get any pay slips and so no W2 filed for 2002

    In August 2003, filed for H1 transfer for Company_2003 and flied back to home country to get H1 stamped. did get pay slips this time!! and so filed W2 (tax return) for 2003.

    So that makes me "Out of status" from July 2003 to August 2003.
    (I got paid after 2003 consistently. I changed a couple of H1B employers after that. current employer sponsored my GC/I-485 case)

    Now, have got this in-person interview where the letter says "specific query about tax return for the years 2002 & 2003"

    ===============================
    My questions:

    1) What should I reply for the query of "tax return for year 2002"?

    2) will USCIS going to reject I-485 due to out of status? (Or what are the chances of the rejection)

    3) any other inputs/suggestions?

    Any help greatly appreciated!!

    Thanks you!!
  • 12-29-2009, 10:14 AM
    Mr. Knowitall
    Re: H1b Out of Status and Green Card Processing
    1. You should have made a timely report to the department of labor. As you did not, it will appear that you were out of status in 2002. If you also overstayed your grace period in 2003, that's another problem. Talk to an immigration lawyer.

    2. Quite possibly.

    3. Again, talk to an immigration lawyer.
  • 01-24-2010, 04:00 PM
    harimalhar
    Re: H1b Out of Status and Green Card Processing
    hi my name is hari ,iam also in a similar situstion .. Can you tell me the outcome of the interview and what will be the best lawyer to contact .. i
  • 03-22-2010, 06:47 PM
    bond_chaitu
    Re: H1b Out of Status and Green Card Processing
    could u give me your contact details plz....need to talk to you abt this...send mail for bond_chaitu on yahoo or send me a personal message
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