List of employers in Labor and DS203

[Immigrationcp]

I got my Labor and 140 approved and am now going for CP. I had forgot to mention one employer (for whom I worked for 3 months) in the form ETA 250 part B. However, I have the H1 visa stamped on my passport for this employer...

I will have to list this employer in the form DS203 (application for immigration visa)..

Would this create any problem ? Should I change to adjustment of status , instead ?

[abu lafya]

I doubt anyone will notice.
As long as you were legally employed and with valid visas, nothing to worry about.
BTW, Form is DS230.

[Immigrationcp]

Abu, Here is my situation, though

I currently work for company A and company A has sponsored me for green card.
When I looked at the labor certification (Form ETA 750), I noticed that the date printed is January 19 2001. I had left company A in December 27, 2000 and started with another company B on Dec 28, 2000 and came back to A in March 2001. However, I had not put the company B in form ETA 750 (for which I worked only for three months), However I have the company B's visa stamped on my passport.

My question is in filling up form DS203, when I put the other company B's name on the list of employers, would it create a problem.. Company B did not give me the W2 for two days of 2000...can I mention the employment start month as January instead in DS203 ...since this form only asks for month/year of employment ?.would this create a problem at the time of CP...would you recommend doing AOS, instead ? What is the best way to go about it given the situation ?

[Harry001]

ETA 250 part B needs only Relevant experience

ETA 250 part B needs only Relevant experience or shoul I state, what you think is relevant.
I'd suggest you to mention your actual employment history in DS230...Good luck...

[abu lafya]

Re: Abu, Here is my situation, though

Still don't think there is any cause for concern.
And still, form is DS230 (not DS203).

The LC was for GC sponsored by A, right?
Then, it does not matter if you worked for B for 3 months. You can say Jan if that makes you feel better.
Point is that this LC is for when you become PR (future). So, it does not matter for whom you worked for (past).

If DOL knew you were working for B when it examined the petition from A it would STILL APROVE IT! there is no requirement for you to be working for sponsor when LC,I140 is filed.

[Immigrationcp]

Abu, won't it be considered 'misrepresentation'

Thanks for your reply, Abu. Do you think they can consider this as 'misrepresentation' in the form ETA-750 ?

[abu lafya]

Re: Abu, won't it be considered 'misrepresentation'

Not legal advise:
Nobody is going to notice that. They'll put a 'check mark' next to LC and go for the next document. They are not going to waste time on what you wrote in an application form.

Fact you had nothing to gain from it says it all. LC would have been approved anyway. Remember there is nothing wrong with working for B.

I am not sure you could have specified B at all for LC application. When you applied for LC you probably were still working for A (and while LC was in process you moved to B). So, is it possible that you were actually very accurate and never omitted anything?

[Immigrationcp]

Abu, I see your point

I was actually working for B when I filled out ETA 750. and that is my concern.. Do you think I will still be Okay..You are right. I had nothing to gain from it. The LC would have been approved anyway

[abu lafya]

Re: Abu, I see your point

so your LC was filed sometime after Dec.28 but before Jan.19?

[Immigrationcp]

That is right

LC has a date of January 19. What do you suggest ?

[abu lafya]

Re: That is right

Did you file for LC on Jan 19 or did you get approval on Jan 19? If you got approval on Jan 19, when did you file?
If you file on Jan 19 when did you get approval?

[abu lafya]

Re: That is right

Oh, I see. You filed on Jan 19, ~21 days after you started working for B.
My non-legal advise: relax and don't worry about this. Consulate is going to look at approval and not on petition.

This is Item 15 desc. from DOL site:
Item 15. Work Experience. Job descriptions should include specific details of the work performed, with emphasis on skills and knowledge required, services rendered, managerial or supervisory functions performed, materials or products handled, and machines, tools, and equipment used or operated.

Also, item 15 instructions on form say "list all jobs held for last 3 years..."

So, technically you should have listed B. However, LC would have been approved anyway and you can always claim it as an oversight.

[Immigrationcp]

Abu, to clarify

I did list company A...It is in the list of employers in ETA-750 because I worked for A before I switched to B and came back to A after 3 months. So here it is A to B and back to A I worked for A for almost a year switched to B for three months and came back to A..and am still working for A. A

[abu lafya]

Re: Abu, to clarify

Sorry I made a typing error. My earlier reply is corrected now.

[Immigrationcp]

Abu, so what do you think..

Am I okay with CP or should I change to AOS just in case ...