485 denied & Deportation with stupendous Reason (I am terrified). Pl. Help

A

a_immigration

Registered Users (C)
Situation:

Priority date: February 2003
Came to USA on H1B status with company ‘X’. My employer could not find a project for few months and did no keep in payroll. I found another company ‘Y’. They did my H1B. H1B approval says “The above Petition and extension of stay has been approved

2 months ago, Received Intent to Deny from USCIS with Really Really stupendous reasons says deportation & intent to Deny 485 because of Fraud and misrepresenation

My attorney answered for that.

Now I received Decision of DENY from USCIS, stating that, they convinced with that response and came up with really another idiotic reason for Deportation and denied 485 stating that “ when company Y filed form I-129 on your behalf, you willfully misrepresented yourself as having maintained the H1B1 status granted to your pursuant to approval of the Form I-129 filed on your behalf by company X”

I took H1B petition from Company ‘Y’. In I-120 supplement company mentioned that “Mr. XXX is on H1B status from 4/2/08 to present

But I never misrepresented. Company “Y” knows that I am in the company ‘X’ guest & on bench,. They took HR interview & Technical interview at company ‘X’ Guest House phone number only. I did not submitted any pay stubs also( because I am on Bench ) . I did not know what company ‘Y’ is mentioned in their H1B petition.

Why USCIS is deporting me & denies My 485 for the mistake or misrepresentation of Company ‘Y’


Does any body or any of your friend got this type of situation or deportation issues, Please advice, if you have some valuable suggestions or information for me send me an email with your contact number to a_immigraion@yahoo.com to save time

Thanks in advance
 
a_immigration said:
Situation:

Priority date: February 2003
Came to USA on H1B status with company ‘X’. My employer could not find a project for few months and did no keep in payroll. I found another company ‘Y’. They did my H1B. H1B approval says “The above Petition and extension of stay has been approved

2 months ago, Received Intent to Deny from USCIS with Really Really stupendous reasons says deportation & intent to Deny 485 because of Fraud and misrepresenation

My attorney answered for that.

Now I received Decision of DENY from USCIS, stating that, they convinced with that response and came up with really another idiotic reason for Deportation and denied 485 stating that “ when company Y filed form I-129 on your behalf, you willfully misrepresented yourself as having maintained the H1B1 status granted to your pursuant to approval of the Form I-129 filed on your behalf by company X”

I took H1B petition from Company ‘Y’. In I-120 supplement company mentioned that “Mr. XXX is on H1B status from 4/2/08 to present

But I never misrepresented. Company “Y” knows that I am in the company ‘X’ guest & on bench,. They took HR interview & Technical interview at company ‘X’ Guest House phone number only. I did not submitted any pay stubs also( because I am on Bench ) . I did not know what company ‘Y’ is mentioned in their H1B petition.

Why USCIS is deporting me & denies My 485 for the mistake or misrepresentation of Company ‘Y’


Does any body or any of your friend got this type of situation or deportation issues, Please advice, if you have some valuable suggestions or information for me send me an email with your contact number to a_immigraion@yahoo.com to save time

Thanks in advance
Click to expand...



Can you provide dates and some more details? when you come to US first time on Company X I-757? When you join company y? When you apply labor and I-485 (which company)?

I don't understand what you mean by mistake or misrepresentation of Company ‘Y’?

Actually I am in similar situation.

Came to US first time in July 1998 in Company X and never join that company (as they not able to find project). Join Company Y in October 98 once got H1 approval. I don't have payroll or experience letter for initial 2 months for Company X. My I-485 is still in progress so like to undrestand what Company Y did in your case that cause your I-485 denied.

You case denied because you never get paid from Company X and than join Comapany Y or Company Y put wrong dates in I-120?
 
sej_123 said:
Can you provide dates and some more details? when you come to US first time on Company X I-757? When you join company y? When you apply labor and I-485 (which company)?

I don't understand what you mean by mistake or misrepresentation of Company ‘Y’?

Actually I am in similar situation.

Came to US first time in July 1998 in Company X and never join that company (as they not able to find project). Join Company Y in October 98 once got H1 approval. I don't have payroll or experience letter for initial 2 months for Company X. My I-485 is still in progress so like to undrestand what Company Y did in your case that cause your I-485 denied.

You case denied because you never get paid from Company X and than join Comapany Y or Company Y put wrong dates in I-120?
Click to expand...

I came USA on 4/2/98 with Company X H1B.I was on bench
I got another company Y H1B which is Valid from 6/29/98 to 1/30/01.
I started working for company Y from august 98 onwards. USCIS says I misrepresented company Y stating that I ma in valid H1B status. They are going with the content of H1B petition applied by Company Y’

I already mentioned what company Y is mentioned in Form I129 supplement
 
a_immigration said:
I came USA on 4/2/98 with Company X H1B.I was on bench
I got another company Y H1B which is Valid from 6/29/98 to 1/30/01.
I started working for company Y from august 98 onwards. USCIS says I misrepresented company Y stating that I ma in valid H1B status. They are going with the content of H1B petition applied by Company Y’

I already mentioned what company Y is mentioned in Form I129 supplement
Click to expand...

I think that your problem was caused by company X, either they could make to revoke your H1 before company Y filed your H1 petition, or USCIS may have called to your compny X to check your background and company X simply told them that you never started to work for them.

The second option would be more preferable for them because in this case they did not violate H1B rule (not paying you the H1 prevailing wage), because you never stated to work for them. Since you were not on the payroll being in company X, USCIS believes that before 6/29/98 you were out of status because did not work on your H1 visa.

It was highly recommended to get at least couple of paystubs from the original H1 petitioner before doing transfer.


I agree you need to hire your own lawyer.
 
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Do you have any paystub from company X? Do you know if they withdrew your H1B? Did company X mention company Y in their petition, or was it the other way round? How did X get to know about Y?
 
I don't understand how USCIS came to know your-company ‘X’- x employer could not find a project for few months and you were not on payroll.
As long you had valid H1b approval from Company X and you had another H1B approval from company Y - without any time gap between X and Y - I think should have been fine -
Are you missing here something to explain your situation????
 
a_immigartion -

I can understand your frustration. Your situation does not seem fair. Are you saying that you have been working legally for 10 years and USCIS is denying your I-485 approval because you did not work for 4 months in 1998? Have you been gainfully employed since then? Have there been any other RFE etc? I too could not understand how did USCIS come to know that you had not worked for company X for 4 months. Did you mention that in your job history?

I wish you good luck for your case. I hope all works well for you.

- iIndia
 
a_immigration said:
I came USA on 4/2/98 with Company X H1B.I was on bench
I got another company Y H1B which is Valid from 6/29/98 to 1/30/01.
I started working for company Y from august 98 onwards. USCIS says I misrepresented company Y stating that I ma in valid H1B status. They are going with the content of H1B petition applied by Company Y’

I already mentioned what company Y is mentioned in Form I129 supplement
Click to expand...

r u saying that when u had joined company Y, had mentioned them that u did not work worked for company X? If not, then how did USCIS find out?
 
I am in similar situation and here are my details -

Came US on 7/98 with Company X
On bench with Company X (never got pay for them)
Join Company Y (start date is 10/98)
Company Y H1 Visa approved on 10/98 (I don't have copy of I-129 form to know the start date they put on that form)
I never work for Company X between 7/98 till 10/98 nor received any pay during that period (not sure how Company Y get H1B approval at that time)

My I140 and 485 is still in process. Am I in trouble? USCIS will consider I was out of status between 7/98 to 10/98 (I was on valid H1B visa during this period on Company X H1 visa)?

I have not show Company X in my resume or also not mentioned in Labor Certification. First job in Labor Certification approval is 10/98 with Comapny Y. No reference of Company X in any paper work other than I have to send copy of I-797 from day one for I140/I485 and passport do have reference of Comapny X. Not sure how this will impact my I140 or I485 petition.
 
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sej_123 - Does your lawyer know of all these ? Better to go and ask your company-Y HR or company lawyer what they put on the form. It is a standard rule that without getting atleast few pay-stubs you should not change employers - else USCIS will think you have cheated company Y.

So go and check with company-Y immediately -- i mean NOW
 
if all you need to show "Why you didnt get paid during 4/2 to 6/29 in 1998, just use FMLA.
If something beyond the above question, you SERIOUSLY need an expert lawyer..
 
july022007 said:
sej_123 - Does your lawyer know of all these ? Better to go and ask your company-Y HR or company lawyer what they put on the form. It is a standard rule that without getting atleast few pay-stubs you should not change employers - else USCIS will think you have cheated company Y.

So go and check with company-Y immediately -- i mean NOW
Click to expand...

Thanks July02007..

I am working for Company Z now since 2001 and they have applied my I140/485. Do you know how USCIS will know that I never get paid for this period in 1998? Also, Company Y is not exist now or bought by someone else. Not sure what to ask them. My existing Company is not aware of what happened in July 1998.
 
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