Q: Will employment overlap affect future PERM, I-140, I-485, or H1B stamping?
Between my last job and my current one, there was a 5-day overlap (01/06 to 01/10), and I was mistakenly paid by both employers despite only working for the second during that time. My H1B was approved for both during this period. I've communicated the payroll error to my first employer, but I'm not getting a response from HR or my manager, and I'm considering contacting the DOL. My current employer has no issues with this overlap, and I have had no immigration problems before. Will this overlap affect my future PERM application, I-140, I-485, or H1B stamping?
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A:
Your 5-day employment overlap is unlikely to significantly affect your future PERM, I-140, I-485, or H1B stamping processes. USCIS generally understands minor administrative mistakes, especially if you've made efforts to correct the issue promptly, as you have already done by contacting your previous employer.
It's good that you've documented your attempts to resolve this overlap by reaching out to HR and management. If they continue not responding, you might consider following up once more in writing to clearly document your proactive efforts. Contacting the Department of Labor (DOL) is an additional step you could take if your previous employer remains unresponsive.
Going forward, when filing future immigration petitions or attending visa stamping, be transparent about this brief overlap if asked. Keep all correspondence and documentation handy, proving your efforts to correct the payroll error. Your proactive communication and clear documentation will help minimize any potential issues during future immigration processes.
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