Need Help-Serious status question

[zeta9970]

I work for company "A". The management/owners of this company actually owns three company's A, B, and C, all headquarted in same building. During my first H1 the manager made a mistake and used the FED ID of company B instead of company A. This error was not discovered till the time of filing my 2nd H1 for the same job with company "A". This time the correct FED iD was used and 2nd H1 was approved. Correct id was also used on my approved I140. Now my questions:
1. Was I out of status when I was working on my first H1 which is already expired.
2. Is there a correction for this error.Is there any defence available to me. Should I even try process my I 485
3. Can my visa or approved I140 be revocked because of this error. Or say in future can my GC be revocked
(I was travelling in Dec 2000 so section 245i is not applicable to me)--- ANY HELP IS GREATLY APPRECIATED
Thanks

[anewlife]

Hey!

This is what I can suggest based on my knowledge, but please validate from a lawyer!

1. Your Status

Do find out the W2 FED id on your tax returns. There are two cases that you might want to examine.

Case 1 - If the W2 FED id is same as the H1 FED id then you are safe as per records, since you would be in company B officially and that keeps you in status with regards to company B.

Case 2 - If the W2 FED id is different from the one on your H1 application, your company is the one in trouble because they would have paid a person for whom they don't have a work permit!! They would for sure resolve it, which in turn would resolve your issues. You could ask your company about that. You might want to ask your management to show that you were transfered from company B to company A.

If 2nd H1 has been extended and approved, it implies that you company has corrected its initial mistake and that correction has been approved by the INS. So no worries!

If your 2nd H1 has been freshly applied and not been extended, then again you should have no worries. It would possibly mean that your company has shown your records to be that of a previous employee of B, who is now being transfered to A.

You should find out the answers to all these queries (preferably written records), to avoid possible RFEs at a later stage of GC!


2. For sure you ought to process your I-485! Since a GC is for future work, any company could have processed it for you, A or B. You need not be working in the company.


3. Nopes! Shouldn't be revoked, but then again you should have all the paperwork ready in case of a request for evidence.

The best option in any case, would be to talk to a immigration lawyer.

All the best buddy, and don't despair!!

[tp126]

Need Help-Serious status question

Thank you a anewlife for your time in giving a detailed answer. I would like to ask further question on your answer provided at 2.

A GC is for future employment and one need not be working for that company who is processing GC. But at what stage one is expected to work for that company who is processing GC?

1. After obtaining GC?
2. After filing I-485?

[anewlife]

Sorry friend, can't really give a bang on correct answer to your query. It is a valid question, and I'll try and find out. I'll let you know, if I hear anything.