a_immigration
- Firstly - I DO NOT BELIEVE YOUR STORY!
U are definitely cooking up stuff to make sure that you are covered in case something happens to your I485...Hee Hee..I read your story...all your dates on your story are messed up!! WHAT CAN ANYBODY REPLY TO THAT???
Well, here's my layman opinion,
- If company X revoked your H1B petition and revocation got approved by USCIS - only then can USCIS claim that you misrepresented or did fraud......I am guessing that's not true
- If company Y applied for H1B transfer - and USICS approved it....why isn't USCIS going back and revoking your H1B with Company Y - based on the so-called reason of fraud claimed by USCIS? They should first initiate that, before going ahead and issuing NOID for I-485
- The simple reason that this story is not true - is because the onus of H1B fully lies with the employer...if employee is on bench....then the employer is guilty of not paying you on bench and violating Department of Labor laws as filed in the LCA.....and you are not at fault!
- The only time an employee ever goes out-of-status is the classic example - like, let's say you work for a big company like Microsoft (let's say)...then, they lay you off in March 06 and accordingly inform USCIS to revoke your H1B in March 06...let's assume USCIS approved the revocation in April 06....then if you are dumb and apply for H1B transfer to a new Company in July 06 - THEN YOU ARE GUILTY OF MISREPRESENTATION OR FRAUD...
>>>>
Even if you are guilty of misrepresentation or fraud - who cares??? Have you heard of the law called 245(k) - 180 days of valid non-immigrant status....clause?
- because as per this law, from your last point of re-entry into US (before you filed your I485)....any status violations are considered pardoned, as long as it's less than 180 days! as per 245(K).........Obviosully, how does anybody go out-of-status? By misrepresentation with USCIS or by fraud.....then how come they don't get sued? Because, this law protects them! HEE HEE! America is a wonderful country!
So, the big question is - did USCIS claim that you were out-of-status - after your last point of re-entry into US and was the period more than 180 days.....
WHAT THE HECK IS WRITTEN IN YOUR LETTER OF DENIAL - GIVE IT TO US WORD BY WORD? Without that, I am just saying you are bullshiting in this forum!
If youR story is true - I know tons of people WHO will have their 485's revoked/denied ! SO, OBVIOUSLY, YOUR STORY IS A COMPLETE LIE!
IF YOU JUST TALK TO COMPANY X AND COMPANY Y - AND JUST GIVE USCIS THE COPIES OF H1B APPROVAL NOTICES FROM COMPANY X AND COMPANY Y - THAT CLEARLY SHOW THE DATES ARE CORRECT AND IF YOU ADDITIONALLY GIVE - LETTER OF EMPLOYMENT SHOWING THE DATES THAT YOU WORKED FOR COMPANY X AND COMPANY Y - WHO THE HECK IS USCIS TO SAY THAT YOU MISREPRESENTED OR DID FRAUD??? Hee Hee!
The only true reasons, for which I heard 485 gets denied
- Your I140 gets denied for some reason
- You were out-of-status for more than 180 days from your last point of re-entry into US
- You are guilty of misrepresentation or fraud - like registering to vote in a State - when you are not legally allowed (since you are not a US Citizen)
The only other reason, I can think of is if Company X is trying to screw you ...if they specifically called USCIS and told them that he was not employed with them........but then they run the risk of violating the DOL laws as per LCA/the approved H1B copy....No employer is dumb enough to do that!
As per H1B laws, if company X lays you off - they are supposed to give you a return ticket back to your home country, as well!
- Firstly - I DO NOT BELIEVE YOUR STORY!
U are definitely cooking up stuff to make sure that you are covered in case something happens to your I485...Hee Hee..I read your story...all your dates on your story are messed up!! WHAT CAN ANYBODY REPLY TO THAT???
Well, here's my layman opinion,
- If company X revoked your H1B petition and revocation got approved by USCIS - only then can USCIS claim that you misrepresented or did fraud......I am guessing that's not true
- If company Y applied for H1B transfer - and USICS approved it....why isn't USCIS going back and revoking your H1B with Company Y - based on the so-called reason of fraud claimed by USCIS? They should first initiate that, before going ahead and issuing NOID for I-485
- The simple reason that this story is not true - is because the onus of H1B fully lies with the employer...if employee is on bench....then the employer is guilty of not paying you on bench and violating Department of Labor laws as filed in the LCA.....and you are not at fault!
- The only time an employee ever goes out-of-status is the classic example - like, let's say you work for a big company like Microsoft (let's say)...then, they lay you off in March 06 and accordingly inform USCIS to revoke your H1B in March 06...let's assume USCIS approved the revocation in April 06....then if you are dumb and apply for H1B transfer to a new Company in July 06 - THEN YOU ARE GUILTY OF MISREPRESENTATION OR FRAUD...
>>>>
Even if you are guilty of misrepresentation or fraud - who cares??? Have you heard of the law called 245(k) - 180 days of valid non-immigrant status....clause?
- because as per this law, from your last point of re-entry into US (before you filed your I485)....any status violations are considered pardoned, as long as it's less than 180 days! as per 245(K).........Obviosully, how does anybody go out-of-status? By misrepresentation with USCIS or by fraud.....then how come they don't get sued? Because, this law protects them! HEE HEE! America is a wonderful country!
So, the big question is - did USCIS claim that you were out-of-status - after your last point of re-entry into US and was the period more than 180 days.....
WHAT THE HECK IS WRITTEN IN YOUR LETTER OF DENIAL - GIVE IT TO US WORD BY WORD? Without that, I am just saying you are bullshiting in this forum!
If youR story is true - I know tons of people WHO will have their 485's revoked/denied ! SO, OBVIOUSLY, YOUR STORY IS A COMPLETE LIE!
IF YOU JUST TALK TO COMPANY X AND COMPANY Y - AND JUST GIVE USCIS THE COPIES OF H1B APPROVAL NOTICES FROM COMPANY X AND COMPANY Y - THAT CLEARLY SHOW THE DATES ARE CORRECT AND IF YOU ADDITIONALLY GIVE - LETTER OF EMPLOYMENT SHOWING THE DATES THAT YOU WORKED FOR COMPANY X AND COMPANY Y - WHO THE HECK IS USCIS TO SAY THAT YOU MISREPRESENTED OR DID FRAUD??? Hee Hee!
The only true reasons, for which I heard 485 gets denied
- Your I140 gets denied for some reason
- You were out-of-status for more than 180 days from your last point of re-entry into US
- You are guilty of misrepresentation or fraud - like registering to vote in a State - when you are not legally allowed (since you are not a US Citizen)
The only other reason, I can think of is if Company X is trying to screw you ...if they specifically called USCIS and told them that he was not employed with them........but then they run the risk of violating the DOL laws as per LCA/the approved H1B copy....No employer is dumb enough to do that!
As per H1B laws, if company X lays you off - they are supposed to give you a return ticket back to your home country, as well!
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