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
 

bigbang2001

Registered Users (C)
Were you paid during the period you were on bench. If not paid this means you did not maintain H1B status as H1 requires you to be paid. Your company X is guilty party but you being part of company X would share the blame.

How long were you on bench and not paid ? If not more than 180 days then you may some way out.

Are you still on H1b. If not your situation is indeed grave and you need to talk to another attorney.

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
 

telugodu

Registered Users (C)
Please dont waste time.. take an appointment with Murthy or Rajiv..
Good luck... hope you can resolve your issue soon...
 

araj_98

Registered Users (C)
Sorry to hear that man. If its not over 180 days you should be alright. Talk to good attorney.
Good luck!
 

avi_gc

Registered Users (C)
Did you travel outside US and reenter on H1B after the transfer. If yes, then you should be okay, since the 180 days get reset from the last entry date

don't worry. everything will work out.. talk to an experienced lawyer
 

jack144

Registered Users (C)
You need to talk to a good lawyer ASAP...

avi_gc's advise is correct in my opinion! If you traveled out and got back, your 180 is reset.....

Did you travel outside US and reenter on H1B after the transfer. If yes, then you should be okay, since the 180 days get reset from the last entry date

don't worry. everything will work out.. talk to an experienced lawyer
 

cubiclefun

Registered Users (C)
emergency appointment with Murthy or Rajiv.

Please get a emergency appointment with Murthy or Rajiv.

H1B case should not impact your green card case.

As far as H1B goes, You can apply and have any number of H1B visa and You can choose to work for one and only H1B employer at anytime.

God Bless You. should not be a problem

You need to talk to a good lawyer ASAP...

avi_gc's advise is correct in my opinion! If you traveled out and got back, your 180 is reset.....
 

forrest_gump

Registered Users (C)
I would second what has already been said: Talk to an experienced immigration lawyer like Rajiv, Murthy, etc.

Do not waste any time. Talk to them ASAP. This is surely grave and needs your immediate attention.

Good luck, and take it easy!


i agree please talk to experienced lawyer like Murthy or Rajiv, Carl Shusterman ...
 

mamamiax

Registered Users (C)
does the any type of international travek reset the 180 days?

Hello,

I would like to clarify one doubt.. some time back someone asked the same question to me and I was under the impression one travel outside USA and come back weather you are with the same company or not the 180 days condition get reset? I may be wrong but could you calrify this.. or this is only applicable if you change your company and come back with second company H1B...??

some one in the past had the same issue. in this forum. once on bench more than 180 days and but later got a job with company B but wanted to travel under company A.
 

blessed_by_INS

Registered Users (C)
Talk to some Telgu friends and forum

Hi
I am really surprised with your denial reason.I will suggest you talk to some telgu friends ( no offence intended) or visit their forum.They have very common situation.I mean to remain on bench for months . I am sure they have found some ways as I know they do get GC . So talk to them.As far as lawyer is concerned,they will talk straight, so you have to frame ur case in such a way that they don't have to lie.Otherwise they will walk out. Again one of my friend tried to file GC thru Murthy,I will not recomend anyone.Talk to Rajiv,he is accomodative.BTW , do you have still good relation ( or can get help ) from company X ? this will make difference.
Hope it will help.
Thanks




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
 

Sri_know

Registered Users (C)
Please don't make such statements about telugu people...

Hi
I am really surprised with your denial reason.I will suggest you talk to some telgu friends ( no offence intended) or visit their forum.They have very common situation.I mean to remain on bench for months . I am sure they have found some ways as I know they do get GC . So talk to them.As far as lawyer is concerned,they will talk straight, so you have to frame ur case in such a way that they don't have to lie.Otherwise they will walk out. Again one of my friend tried to file GC thru Murthy,I will not recomend anyone.Talk to Rajiv,he is accomodative.BTW , do you have still good relation ( or can get help ) from company X ? this will make difference.
Hope it will help.
Thanks

Hello Dear Friends,
I understand the grave situation our friend is in.....But, I am not able to take it easy for this generalized statement about telugu people....From my experience, I have heard so many people from all sorts of back ground sitting on benchs without any pay when they are on bench....It seems this is a common practice across all of desi consultanting companies....they don't pay you when you are bench....Please understand that there are so many non-telugu desi companies and they also do the same practice...So, please stop spreading un-necessary propagandas...

an offended telugu guy....
thanks,
wishing good luck to our troubled guy...looks like he has been mis-informed about his filings..
-Sri
 

blessed_by_INS

Registered Users (C)
Sorry!

Hi Sri_know
Let me first apologize if you felt offended. I agree with your statement 100%."It is really common among desi consulting co". As I said earlier, it was not intended to offend telgus. BTW it was not said in negative context. I appreciate the telgus community in general how they have handled the USCIS and how they manage IT with minimum training and skill. It is worth learning from telgus in general how to survive in US and particularly in IT. I am sure you understand what I mean. I have very high regard for telgu’s IT survival skill .
Thanks
Blessed_by_ins



Hello Dear Friends,
I understand the grave situation our friend is in.....But, I am not able to take it easy for this generalized statement about telugu people....From my experience, I have heard so many people from all sorts of back ground sitting on benchs without any pay when they are on bench....It seems this is a common practice across all of desi consultanting companies....they don't pay you when you are bench....Please understand that there are so many non-telugu desi companies and they also do the same practice...So, please stop spreading un-necessary propagandas...

an offended telugu guy....
thanks,
wishing good luck to our troubled guy...looks like he has been mis-informed about his filings..
-Sri
 

knowDOL

Registered Users (C)
1. What status are you in now? Are you using EAD to work or do you have valid H-1B and I-94. If you were on EAD when you received the denial, from that day on wards you are illegal in USA.

2. When did you came to US? How many months you were on bench with company X. After company B processed your H-1B transfer did you go back to home country for stamping. After coming back how long are you here.

3. What is your current attorney saying about current situation. Did he file MTR last time when he received intent to Deny? If not, he may file MTR now.

Give more details if you really need help. If you are hesistating to give details contact low cost immigration attorney. Law is unique, why pay different (high) fee. Search for MTR in these forums. Make sure that you not illegal here.
 

waits

Registered Users (C)
Rfe?

Did they send you an RFE before they sent the NOID?
Were you ever asked to provide proof of continuos employment?

Wish you good luck in your fight.
 

araj_98

Registered Users (C)
where is the guy?

We all are concerned, but where is the guy? I am just wondering if he is still around on the forum? dont see him respond/post?
 

a_immigration

Registered Users (C)
Guys ,

Thanks for your response.Let me Update every body.

Conclusion is that it is not DEPORTATION. Denied on the basis of Fraud. If the Fraud issue is not cleared, I never get Green Card


Mine is not Misrepresentation:

comapny Y HR interview & Technical interview happend in the guest house of Company X. They know that , I ma in the bench that is the they processed my H1B. I never submitted any false Pay stub. Company Y approched me job offer by knowing I am on the bench

So absolutely NO Misrepresentation from my side
( because few guys in this forum stating that my innocency or misrepresentation)

company will not give H1B pitition copy to employee. They will give only H1B approval copy after approval. same mammner Company Y aslo gave me H1B approval , they did not give any H1B pition copy. Then how do i know that I am what did they mentioned in their petition.

But on ething is clear that, few immigration officers in USCIS are really really stupendus.

In the initial intent to deny notice, He raised such foolish causes(mentioned as misrepresentation or fraud)for denial, even sub junior immigration attorney also can laugh at him.I could not explain those reasons becuase He sent 6 pages notice to me and 4 pages notice to my wife. he wrote a Novel.

My attorney gave a response to that. Again he came up with brand new issue, really FUNNY issue ( again mentioned misrepresentaion or fraud) showing denial

Thanks
 

a_immigration

Registered Users (C)
Guys,

Sorry to every body for my late reply. Because i am roaming around attorney taking their openions and try to take some advantage of Current priority dates etc., spending money like a water, with tension and with sleepless nights.

ALL this happned Because of the attorney who filed my Green card. I do not had any word to abuse in any language. because I hired that personally by paying money from my pocket.

while fiiling the Labor application and 485 application , I confirmed with her each line weather the filled one is correct or not etc.
She did only a cledical job of filling the document , nothing more than that, When I realised that it was too late

1) IN my labor application and 485 application ( G 325) she did not mention company X period.
This is caused all these issues in my denial

2)Totally I got 4 RFE's till now because of her worst documentation. It delayed my the deciion by 3 years more. The person who applied one month later than me , got approval in the ebd of 2004. mine was delayed because of RFE's

3)many times she gave me absolutely wrong information. I realized it later

4) I hired another attoney to replpy for my Intent to denied Notice.He chared $5000. He tried his level best to screwed my case.

I learned a Lesson from all these incidents is that " Before choosing an attorney , we have to do some home work to find right attorney "
 

a_immigration

Registered Users (C)
Guys,

To find best immigration attorney


1) www.martindale.com:

This Organization will give peer review rating to attorneys
AV rated – Excellent
BV rated – Best
CV rated - Good
2) http://www.whoswholegal.com
This Organization will give Internationally recognized attorneys( No attorney can buy to list his name)
3) www.bestlawyers.com
Gives list of best attorneys ( paid site)


Remember the Quote: All intellectuals wear spectacles. But all spectacle wearing persons are not intellectuals

All good attorneys will have AV rate and listed in www.whoswholegal.com. But all AV rated & www.whoswholegal.com listed lawyers are not good. This is the lesson what I learned from my experience recently
 

geofu54

Registered Users (C)
And I'm not sure Martindale is a good source of info, either. If I'm not mistaken, peer review rating basically means those attorneys are kissing each other's arse, so it may be quite a mixture of wheat and chaff (my attorney is AV-rated there, but she is far from "Excellent"). I guess those sources may help list up candidates at the beginning, but talking to more than a few people who actually used attorneys you are interested in and asking them how those attorneys did would probably be the best way.

Hope you will find a good one who is competent and actually helps you out of the mess quickly.

Guys,

To find best immigration attorney


1) www.martindale.com:

This Organization will give peer review rating to attorneys
AV rated – Excellent
BV rated – Best
CV rated - Good
2) http://www.whoswholegal.com
This Organization will give Internationally recognized attorneys( No attorney can buy to list his name)
3) www.bestlawyers.com
Gives list of best attorneys ( paid site)


Remember the Quote: All intellectuals wear spectacles. But all spectacle wearing persons are not intellectuals

All good attorneys will have AV rate and listed in www.whoswholegal.com. But all AV rated & www.whoswholegal.com listed lawyers are not good. This is the lesson what I learned from my experience recently
 
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