485 Denied!! Please help with suggestions

[newbies]

Yes thats what. The company B screwed up my life. I talked to lawyer and they said what USCIS is saying is right half way. I was never illegal here at least. But i worked for more than 180 days unauthorized.
So H1 portability works but it does not hold good for 485 .
So the only option is to go back to india. They said we can file a h1 based on time left and get 3 yr extn on pending GC application. I can come back on h1 and then once the PD is current file another 485 using existing labor and 140 approval.

So if anyone has experience, the question is , Lawyer is saying that if i go out of country and then come back on new h1 and then file another 485 , my previous record gets wiped out. Is that true? They said thats what 245 is

Please give suggestions

The problem is when you go to get H1B visa. The consulate may not give it to you if they decide that you stayed illegal in the US for more than 180 days. If I am not wrong, you will be banned for 3 years.

However, try to research when the law for that was signed. I am not sure 2002 or 2003. If your illegal stay is before the date that law was signed, you can get H1B visa and come back with a clean record right away . If your illegal stay is NOT before the signed date, you will expect to be out of the US for 3 years if you leave the US. In such case, you have to convince the consulate your case is not illegal.

 

[newbies]

GC Hopeful,

If like they said, you worked for company B without H-1 B approval, how could USCIS approve your H-1B of C company? I read some where before (maybe in AC21 memo), if you are back in valid H-1B status, your previous out of status period doesn't count. At least, USCIS should require you go out of the country and get your company C's H-1B stamped. It is a mess, USCIS may have something to blame too.

For H1B, they don't check things carefully. A lot of mistake can be made by USCIS. Someone get 7 or 8 years H1B without filling the extension. Someone get only 1 year extension while I140 approved and unable to file I485..... Lot of stories.

However, for I485, they are much more serious since they have plenty of TIME and the number of applications are limited.

For out of status, you can stay years out of status and they could be forgiven for H1B and F1. However, they will check when you get out of the US and try to enter. They could found you inadmissible at the port of entry (assume you have valid visa, AP).
That is why one memo for AP is "AP is not guaranty that you can enter to the US freely. Before using that, make sure you are not stay illegally in the US since the last entry"

 

[GreenCardVirus]

One thing is for sure in American Immigration System.

If the fraud/error/mistake/problem is by Employer, Lawyer, USCIS, FBI etc, the only victim is the poor worker.

 

[ram_gc]

I think out of status period counts from the day of your h1B denial, not from the day of H1B is filed. You are considered as legal to work for 210 days as soon as you have the H1B filing reciept. But if company C filed your H1B based on Company B's pending H1B, then previously pending H1B should be approved to get the company C's H1B approval. (I remember reading the Ac21 memo which talks about H1B bridging). As my interpretation of the Ac21 memo, from the day Company B's H1B is denied, your current H1B approval from company C became invalid. But if you had EAD by then, you should be ok.
If you used company A's H1B approval to file company C's H1b, then it will consider as loose h1b and you might not have gotten the I-94 along with the company C's h1b approval. As per the law you have to re-enter US to get the valid I-94 and to start working. It is always better to consult the immigration lawyer and take advice as it looks like very complicated case.

 

[gc_hopefull]

I think out of status period counts from the day of your h1B denial, not from the day of H1B is filed. You are considered as legal to work for 210 days as soon as you have the H1B filing reciept. But if company C filed your H1B based on Company B's pending H1B, then previously pending H1B should be approved to get the company C's H1B approval. (I remember reading the Ac21 memo which talks about H1B bridging). As my interpretation of the Ac21 memo, from the day Company B's H1B is denied, your current H1B approval from company C became invalid. But if you had EAD by then, you should be ok.
If you used company A's H1B approval to file company C's H1b, then it will consider as loose h1b and you might not have gotten the I-94 along with the company C's h1b approval. As per the law you have to re-enter US to get the valid I-94 and to start working. It is always better to consult the immigration lawyer and take advice as it looks like very complicated case.

Actually Company B's H1 was never denied. They had a simple RFE of a page missing. They did not answer and when they asked the INS, the INS said you can withdraw it. They withdrew the petition. Yes its a unique problem and I think i had enough of lawyers mess. I am trying to wrap up and go to India. If my GC sponsoring company continues CP , they are also now in double minds, then i will wait in india.

 

[GreenCardVirus]

Actually Company B's H1 was never denied. They had a simple RFE of a page missing. They did not answer and when they asked the INS, the INS said you can withdraw it. They withdrew the petition. Yes its a unique problem and I think i had enough of lawyers mess. I am trying to wrap up and go to India. If my GC sponsoring company continues CP , they are also now in double minds, then i will wait in india.

Go back or Try it here, it is your decision. But letting Company B off the hook will be irresponsible. You should write letters to Labor Dept of your state and USCIS saying that Company B hired you but since they never followed thru approval of H1. So the period you worked for them must be deemed illegal or putting it directly, they hired you illegally.

You should also write letters to your local consulate in India stating this companies name.