Back in 2008, my project was abruptly ended by the client and my employer also left me in the lurch. But the employer didn't revoked my H1B for next 2 months. I got the new job in 1 month, but it created 1 month employment gap. Now I am ready to file my green card, but my attorney is saying that this gap may create problem. He is suggesting to take affidavit from 3 peers covering the gap, but I don't want to lie. My questions are:
1. Do you think this 1 month gap can create problem in I-140/485 stage, when we've to submit previous experience letters?
2. I heard from my attorney that on H1B, employer is supposed to pay until I am on his visa(ALJ CASE NO. 2005-LCA-037). So do you think I can complain to DOL and ask that employer to give me back wages and new employment verification letter?