A problem with my I485 case -- Need Suggestions

V

vaneetb

Registered Users (C)
Hi guys,
My RD is 5/15 and I\'ve one question.
I\'ve a gap of about 2 months in my Job Details, when I was out of job last year. But My New H1 was applied before I left my first job, so I maintained my status.
But then I had to wait for H1 to come before I could join, so there was a gap of 2 months.
do you think I can get an RFE based on that ?
I wanted to mention that in my 485 application, that I maintained the status, but lawyer didn\'t want to put that in.
He just put \'None\' in \'Job Description\' for those two months.

Can INS find out that I was in Status during that time, or will they issue RFE without checking any records.
If somebody has similar experiece, please post.

At what stage INS issues RFE for a similar situation ?

thanks
 
No Title

INS will determine your status based on the documents you
submitted. Examining AOS\'s applicant status carefully is
their job before approving the case. If they have questions,
they will send RFE asking for more details. Therefore, there
is no need to worry at the moment. Just relax.

ciba
 
Had simular situation, AOS was approved with no RFE issued or any other problems

Hi !

I had simular situation in the past and in my case gap was even bigger. It\'s important to understand that if you applied to new H1-B
BEFORE you\'ve left your old job you are not out of status when your request is pending, regardless how many months it takes.

My lawyer put "None" as well in my AOS and said that INS would check
on it\'s own (or at worst would issue RFE requesting to verify that I indeed left after H1-B was filed). My AOS was approved with no RFE or any other problems. I didn\'t ask my lawyer why he didn\'t
describe the gap as "waiting to new H1-B to be approved", I relied on his experience judjing that it\'s pretty common case and he knew what to do.

Good luck,

P.S. Don\'t be discouraged or surprised if INS will issue RFE
(I understand it\'s entirely up to officer\'s judgement)
 
No Title

lf815, can you tell me exactly how many months of gap you had? i have the same problem and i think my case is even worse.
applied for new H1 just a week before l left the first company.
after 6 months, the new H1 petition was denied(VSC)
within 10 days applied for another H1 from a third company.
got approved after one and half months.(CSC)
now i\'m with the third company, filed 485, AP approved, waiting for EAD and FP.
got interim EAD last week.

consulted with couple of lawyers, but no one could tell me for sure whether i was out of status, and whats gonna happen to my AOS
one lawyer suggested that i go out of the country, come back with new H1 stamp and i94, so i did that.

 i would really appreciate your input.

thanks

vaneetb, knowing all about my case i think you can totally relax now :)
 
No Title

What was the reason for your first denial ?
I think you were in status during those months.
What is your RD/ND...
Lets keep each other informed.

good luck
 
No Title

the company got RFE for "proof of ability to pay", responded to that with evidence, but finally got denied. It was a new consulting company, but i guess the lawyer wasn\'t good enough to present the case appropriately.
from the day i left my first job till i joined the third company, it was almost 8 months. the problem is that i had the third h1 filed AFTER second was denied.

my rd 4/23, nd 6/21. i probably should\'ve gone for CP.
sure, lets keep in touch.
 
Reply

Hi Brahma !

The gap between jobs in my case was 6 months, (INS issued
RFE on H1 details) but it doesn\'t matter. My lawyer said that
if H1-B petition was applied BEFORE old job was left, the person is not out of status all the time H1-B request is pending is pending regardless how many months. I have not been out of status a single day
(that wat my lawyer repeteadly reassured me). That\'s why he didn\'t put any explanations regarding my 6 months gap saying that INS has mean to check on it\'s own that I wasn\'t out of status and at worst they\'ll can issue RFE and we\'ll have all the proofs and documents that your stay was legal. my AOS was approved with no problem.

Your case is different from mine because your initial request was denied so
tecnically you was out of status at least days (on my unprofessional opinion), between denial date and date of filing a second H1-B
I don\'t know if INS has any "grace" period and what\'s the implications
on your AOS.

I\'ve heard a RUMOR that, let\'s say if you suddenly fired, but quickly
found a new job, which filed H1-B on your behalf, there is some grace period, but I am not sure.

Please contact your lawyer and I also recommend to publish your question on Ron Gotcher forum. He is a professional immigration attorney and provides tremendous helps answering questions as yours.

Good luck and all the best
 
No Title

thanks a ton, lf815
assuming that i was out of status, would that be for just 10 days between denial and next h1 filing? or for 1 1/2 months between denial and the next h1 approval?
do you think my travel out of US and reentry with a new h1 stamp and i94(which i did early last year) would save me?
can you give me Ron Gotcher forum\'s web address?

thanks a lot again.
 
You welcome, hope it helped, but get a professional opinion

Hi Brahma !

Ron Gotcher\'s site is http://www.imminfo.com/

Go there and click on discussion forums.
You need to register to publish the question.
When I was there, automatic registration was broken
(couple of months ago), so I sent him e-mail and Ron has
registered me manually (you can find his e-mail on the web page)\but it might be fixed since then. Instructions how to register are there
as well.

As I told Ron provides quick no-nonsence answers and if he didn\'t know
he would say this rather then put some evasive crap. I\'ve found his site extremely useful. And hi is a profeccional practicing immigration attorney.
 Even before you publish, you can browse the forums (to browse you don\'t need to register). I am almost sure you find something close to your situation and Ron\'s opinion

Regarding your questions, how many days you ve been out of status
and if it was OK to exit/enter USA :
I don\'t know, I am not a lawyer and I don\'t want to misled you by uneducated guesses.

I can only say you was OK while your first request was pending
To avoid surprises, get a professional opinion, it\'s better not
to take chances with INS.

Good luck and hope you\'ll get your AOS approved with no problems
 
No Title

thanks a lot again, lf815
i\'ll send my questions to Ron, and post the outcome here.

thanks again, you\'ve been very helpful.
 
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