I-485 issue

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Old Jan 21st 2003, 3:00 am
  #1  
Rajesh
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Default I-485 issue

I had worked for company A and got my I-140 approved. The H1 approval
is valid till end of this year and is not stamped on Passport.
I had joined the B company and their H1 is stamped in passport till
Jan 2004.
I plan to join company A.
My question is, can I do the consular processing through company A(H1
not stamped in passport, only has H1 approval). What are the risks
involved. Please advice.
 
Old Jan 22nd 2003, 5:52 pm
  #2  
Sylvia Ottemoeller
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Default Re: I-485 issue

"Rajesh" wrote in message
news:[email protected]...

    > I had worked for company A and got my I-140 approved. The H1 approval
    > is valid till end of this year and is not stamped on Passport.
    > I had joined the B company and their H1 is stamped in passport till
    > Jan 2004.
    > I plan to join company A.
    > My question is, can I do the consular processing through company A(H1
    > not stamped in passport, only has H1 approval). What are the risks
    > involved. Please advice.

You can do it. If you move to A as soon as you can, and you are working
there while you wait for the consular processing, I don't see a lot of risk.
If you don't work there during the process, I think there is some risk that
the consular officer will think you don't really intend to work there, and
thus are committing fraud.
 
Old Jan 22nd 2003, 9:46 pm
  #3  
Rajesh
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Posts: n/a
Default Re: I-485 issue

Thankyou Sylvia,
I do have plans to join company A, my concern is that since H1 is not
stamped on passport, is it must that the stamping should be there on
passport for CP.
I will be having payslips(company A), will that help.

"Sylvia Ottemoeller" wrote in message news:...
    > "Rajesh" wrote in message
    > news:[email protected]...
    >
    > > I had worked for company A and got my I-140 approved. The H1 approval
    > > is valid till end of this year and is not stamped on Passport.
    > > I had joined the B company and their H1 is stamped in passport till
    > > Jan 2004.
    > > I plan to join company A.
    > > My question is, can I do the consular processing through company A(H1
    > > not stamped in passport, only has H1 approval). What are the risks
    > > involved. Please advice.
    >
    > You can do it. If you move to A as soon as you can, and you are working
    > there while you wait for the consular processing, I don't see a lot of risk.
    > If you don't work there during the process, I think there is some risk that
    > the consular officer will think you don't really intend to work there, and
    > thus are committing fraud.
 
Old Jan 22nd 2003, 11:40 pm
  #4  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: I-485 issue

The presence or absence of an H-1B visa stamp for employer A is irrelevant.
With the payslips, and the notarized letter verifying officer of employment,
you will be just fine.

"Rajesh" wrote in message
news:[email protected]...

    > I do have plans to join company A, my concern is that since H1 is not
    > stamped on passport, is it must that the stamping should be there on
    > passport for CP.
    > I will be having payslips(company A), will that help.
    > "Sylvia Ottemoeller" wrote in message
news:...

    > > "Rajesh" wrote in message
    > > news:[email protected]...
    > >
    > > > I had worked for company A and got my I-140 approved. The H1 approval
    > > > is valid till end of this year and is not stamped on Passport.
    > > > I had joined the B company and their H1 is stamped in passport till
    > > > Jan 2004.
    > > > I plan to join company A.
    > > > My question is, can I do the consular processing through company A(H1
    > > > not stamped in passport, only has H1 approval). What are the risks
    > > > involved. Please advice.
    > > You can do it. If you move to A as soon as you can, and you are working
    > > there while you wait for the consular processing, I don't see a lot of
risk.
    > > If you don't work there during the process, I think there is some risk
that
    > > the consular officer will think you don't really intend to work there,
and
    > > thus are committing fraud.
 
Old Jan 24th 2003, 4:41 am
  #5  
Rajesh
Guest
 
Posts: n/a
Default Re: I-485 issue

Thankyou Sylvia

"Sylvia Ottemoeller" wrote in message news:...
    > The presence or absence of an H-1B visa stamp for employer A is irrelevant.
    > With the payslips, and the notarized letter verifying officer of employment,
    > you will be just fine.
    >
    > "Rajesh" wrote in message
    > news:[email protected]...
    >
    > > I do have plans to join company A, my concern is that since H1 is not
    > > stamped on passport, is it must that the stamping should be there on
    > > passport for CP.
    > > I will be having payslips(company A), will that help.
    > >
    > > "Sylvia Ottemoeller" wrote in message
    > news:...
    >
    > > > "Rajesh" wrote in message
    > > > news:[email protected]...
    > > >
    > > > > I had worked for company A and got my I-140 approved. The H1 approval
    > > > > is valid till end of this year and is not stamped on Passport.
    > > > > I had joined the B company and their H1 is stamped in passport till
    > > > > Jan 2004.
    > > > > I plan to join company A.
    > > > > My question is, can I do the consular processing through company A(H1
    > > > > not stamped in passport, only has H1 approval). What are the risks
    > > > > involved. Please advice.
    > > > You can do it. If you move to A as soon as you can, and you are working
    > > > there while you wait for the consular processing, I don't see a lot of
    > risk.
    > > > If you don't work there during the process, I think there is some risk
    > that
    > > > the consular officer will think you don't really intend to work there,
    > and
    > > > thus are committing fraud.
 

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