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Immigration Issues/Opinion on my last stay in US on H1B

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Question
Hello Sir,

need some advice. sequence of events since I entered US the last time in Oct 07. There were no issues from July 00 till Oct 07 when I worked with three different employers, one of which had filed my green card in EB3.

1)lost my job in Mar 08. Was paid till 15th Apr 08. This was in TX
2)H-1 transfer applied to a contract firm (company A) on 8th May 08. Started getting paid through them. Still in TX
3)Started a new job in CA (with company B) in Jul 08. The old H-1 with the contract firm (company A) not cancelled
4)company B went belly up in Oct 08. lost job. paid till 15th Oct 08
5)went back on the payroll of the contract firm (company A). Started getting salary from 1st Nov 08. Stayed on payroll till 31st Dec 08. Lived in CA since there was no client. LCA not updated for CA when rejoined this company (LCA for company A was valid for TX only). For the month of Nov and Dec '08, paid taxes in TX (state tax nil).
6) Left US on 10th Feb 09.

Do you foresee any problem (out of status issue) with the new H-1 that I've filed FY13. I will go for stamping in New Delhi.

thanks
raj

Answer
Hi,

In our experience, the Consulate will be looking at the big picture only, esp. as these events took place several years ago. Thus, be ready to bring copy of the earlier H1B approval notices, plus W-2's. The Consulate will not expect you to provide paystubs during that time frame, and will probably be satisfied with employment letters from previous employers. Note that it was legal for you to commence work with the new employer upon filing of the H1B petition, so that will not be a problem, and for you to go back to Co. A after termination of employment by Co. B. See www.h1b1.com/concurrent.htm

I do not predict any problems with your previous stay in H1B status. The Consulate will be focused on the new employer, and will examine the I-129 and labor condition application, etc. to determine the location of the new job, whether the employer is a bona fide company, whether there is sufficient documentation about the client if this is a consulting assignment, etc.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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