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DID NOT FILE A TRANSFER TO COMPANY B WHILE ON UNPAID LEAVE FROM COMPANY A; DO I NEED TO INCLUDE THIS ON MY I-485 APPLICATION?

         Question:

I am working with my current company on H1B since 2012. They initiated my Green Card process and now they are ready to file my I-485 as my date is current. In the I-485 form, they asked me to provide the last 5 years of work experience details.

During 2020, I took unpaid leave with current company A and worked for company B for three months. I didn’t like the work at company B and moved back to company A and continued working at company A. Company A don’t know about me worked at company B for three months by taking unpaid leave.

Now, in the I-485 form, do I need to mention details about company B or can I simply mention that I am working for company A in the last 5 years.

Will USCIS get to know my three months employment with company B?

Please advise me.

Answer: 

You should have only moved to another employer by filing an H1B transfer otherwise it will be considered unauthorized employment. There are unfortunately no options to take unpaid leave or to just take off from work. I am unable to ask you to lie on your application or ask you to add those details as it will end up getting you in trouble if you had done it without authorization.

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