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  1. #1
    Join Date
    Oct 2005
    Location
    California
    Posts
    3

    Default H1-B to Family-based Green card

    Hello,

    My wife and I got married on September 2000 abroad. When she came back to the States on October, she filed a petition for me (I think it's I-130). She is a green card holder. I also applied for work in the US around the same time we got married. So while I was waiting for my family-based petition, I got approved for an H1-B visa (August 2002), so instead of waiting for my wife's petition, I instead went to the US using my H1-B visa.

    When I arrived to the US on September 2002, I was told by my employer that the position that I applied for was given to someone else because it took almost 2 years before my H1-B arrived. I ended up jobless. So, I applied for another work from a different company and was hired. I started on January 2 2003, but unfortunately my new employer was underpaying me and I was 'overworked'. After just 15 days, I decided to quit that job and my wife and I planned to start a family instead. I haven't worked since.

    By the end of 2003, I filed a W-2.

    Before my H1-B visa expired, I was able to apply for an I-485 and got the receipt. I'm also done with the biometrics and I'm scheduled for an interview this November '05.

    My concern is, will my 15-day work affect my approval for my green card? Should I tell the interviewer about it, or should I just wait for him to ask? Will he know it without me telling him? I'm concerned because that work/employer was not the one indicated in my visa.

    By the way I have a 20-month old son now.

    Any help will be much appreciated.

  2. #2
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    You should be fine. The most important thing is that you were inspected and admitted into the U.S. You should have an attorney with you at the interview. You should tell the truth and have explanations for what happened with your H-1B employment. Document your explanations.

    Good Luck!

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    3

    Default

    Thank you very much for the reply though I'm still not sure if I should mention that 15-day employment I had. Regarding the lawyer, is it really a necessity, we're a bit financially tight these days because my wife is the only one working and we have a toddler. Lastly, what do you mean by document my explanations?

    Thanks again.

  4. #4
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Again, you will have to honestly respond to your examiner's questions. Without reviewing your papers and knowing your precise circumstances, it is impossible to give you a correct advice (this forum is not a right place for this anyway).

    By documenting I meant that you should have copies of your immigration papers and other relevant docs. It is ultimately your decision whether to hire an attorney or at least get a legal consultation before your interview.

    Best regards!

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    3

    Default

    I really appreciate the time you are spending in answering my questions. I will consult a lawyer as soon as possible regarding my situation. Thank you very much. God bless.

  6. #6
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    You are very welcome.

    Good luck!

    Alex Berd, Esq.

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