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

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’

Questions:
1) 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
2) Do know any proven lawyer who is specialized in this type of situations

Thanks in advance
 
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’

Questions:
1) 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
2) Do know any proven lawyer who is specialized in this type of situations

Thanks in advance

Sorry to hear your issue.

The fact of the matter is USCIS is correct. To maintain H1B one should be working and get paid. So even if you were on H1 of "X", since you were not getting paid its considered Out Of Status.

The best thing to do for you is get a good attorney and file a lawsuit against "X" for not paying you during your bench period. If you can convince USCIS that it was "X" company's falut not yours then only you have chances.
 
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