I realy appriciate xiaobaitu, radiology, pjang kindly help and timely reply. I contact my new company again, company B is really nice, after I telling them my hard situation, they are willing to help me. They even agree to pay me back start from Jan, 2007 which is the date my H1B transfer approved date. They said in this way, my H1B status will be no problem. And also if USCIS ask for I-485 Ref, they are willing to proof I worked for them from Jan, 2007. The only thing they want me to do is once I get my green card, I need to work for them with no pay for 6 month. My question is:
1. Whether this is legal by doing this way?
2. By doing this way, whether my H1B is still in status? 谢谢了!!
3. Whether my NIW I-485 (filed in Apr, 2004) will be fine?
The following is my last post and replies by xiaobaitu, radiology, pjang:
I did the H1B transfer from company A to company B in Sept, 2006, and I stopped working from company A at that time. My H1B was approved in Jan. 2007 and valid until Sept. 2009. Due to hard family reason, I did not start to work in company B.
1 . My concern is whether I’m out of status, if I start to work right now, am I OK? Answer: out of H1B status, need go out and get H1B visa to reactive.
2. My NIW I-485 is pending, whether this will affect my I-485 case?
Answer: hard to predict, but need to resume to work as soon as possible, otherwise I-485 will be affected.