What is unauthorised unemployement?

[im9999]

My friend was working for company A till august’98. She was hired by company B on the 6th of sept. She had to start working for company B immediately as the client was not willing to wait till she got her H1 B approval . Company B had filed for the petition for H1 before she joined but she received her H1b approval only on October 20th but it says “Valid from 20th of aug’98 to 20th of Aug.’00. Incidentally she started getting paid from company B only after her H1B approval. Will she be considered out of status or illegal employment during the month of Sept. and oct. and will it affect her getting GC? This is to remind the the new rule on H1 transfer was not existing at that time
thanks

[abu lafya]

I am not sure about this, better ask a lawyer or even more than one.

It seems that her new H1 was valid starting at August when she just started working on September.
If she was not "out of status" at any time, i.e. was not in the US more than 10 days after she stopped working for company A, I think she might be fine.
Otherwise, if she was out of status but less than 180 days, I think she would have to pay a $1000 fine. She also be better of doing AOS. However, it is possible that rules have changed, and I am not an expert on this.

[im9999]

thanks abu but regarding the above, i had asked the question because at that time one could work for company B only after receiving the H1 B approval.but she had to begin work immediately after her H1B petition filing( which is perfect as per current law).She came to know that her new H1 is valid from 20th august only after she received her approval that was on the 20th of October.she started working for Company B from september itself but started receiving her salary only after her H1 B approval. SO basically she didnot receive any salary for the period from H1 filing to H1 approval. I also want to know how will INS in this case know that she had stopped working for company A in august itself??
thanks again

[abu lafya]

I understand she voluntarily started working for Company B. Since she did not get paid from B before H1 was transferred (good for her), INS cannot learn about this through there.
How about being paid from A through September, part of October?
When she left A, did she announce when she is leaving, or does A have any record which shows your friend had left A on a certain date? Did your friend had to relocate because of the job change?

I don't know if INS would check that, but this is the only way they can tell, they might request for this information directly.

I would suggest:
1) Do AOS (not CP).
2) Consult with lawyers. If this "mistake" would cost $1000, then I think it is well worth the ability to sleep well at night knowing you do not carry no skeletons.