485 Denied!! Please help with suggestions

G

gc_hopefull

Registered Users (C)
Hi all,
My lawyer sent me email that my 485 is denied.
There was an RFE on my case on Aug 16. the laywer replied and today they got rejection.

Here is the problem which caused this. Please advice.

Was working for Company A on H1 . H1 had I-94 valid till Mar 2003.
In Nov 2002 changed job to company b . Company B file H1 in Nov 2002.
While H1 was pending from company B joined company C on July 2003.
The lawyer said everything is fine and we can do portability.

The comapny B withdrew the H1 in Nov 2003 and this is now the problem

Now INs is saying that i worked for companY B unauthorized.

Please let me know can we do MTR.
I am currently on EAD. Can i start working once MTR is filed or not.


Please please help.

Thnaks
 
thinl you should be cleared by mtr, but do file in time

gc_hopefull said:
Hi all,
My lawyer sent me email that my 485 is denied.
There was an RFE on my case on Aug 16. the laywer replied and today they got rejection.

Here is the problem which caused this. Please advice.

Was working for Company A on H1 . H1 had I-94 valid till Mar 2003.
In Nov 2002 changed job to company b . Company B file H1 in Nov 2002.
While H1 was pending from company B joined company C on July 2003.
The lawyer said everything is fine and we can do portability.

The comapny B withdrew the H1 in Nov 2003 and this is now the problem

Now INs is saying that i worked for companY B unauthorized.

Please let me know can we do MTR.
I am currently on EAD. Can i start working once MTR is filed or not.


Please please help.

Thnaks
Click to expand...
 
gc_hopefull said:
Hi all,
My lawyer sent me email that my 485 is denied.
There was an RFE on my case on Aug 16. the laywer replied and today they got rejection.

Here is the problem which caused this. Please advice.

Was working for Company A on H1 . H1 had I-94 valid till Mar 2003.
In Nov 2002 changed job to company b . Company B file H1 in Nov 2002.
While H1 was pending from company B joined company C on July 2003.
The lawyer said everything is fine and we can do portability.

The comapny B withdrew the H1 in Nov 2003 and this is now the problem

Now INs is saying that i worked for companY B unauthorized.

Please let me know can we do MTR.
I am currently on EAD. Can i start working once MTR is filed or not.


Please please help.

Thnaks
Click to expand...

No, your H1 with company B was approved. So, your employment with them is authorized. I think the case should eventually be good.
 
Actually company B file for H1 but was never approved. I have the receipt notice.
This whole screwup is because of Company B. They file my H1 and when i switched to company C, they got an RFE. They did not answer the rfe and when INS asked them why they withdrew the application.

Question: Can i work . I am on EAD, passed my 6 years. my ead gets cancelled if 485 is rejected right? Can we work once we file the MTR or have to wait.

Any ideas?
 
If you worked for company for less than 180 days then you should be covered by 245(k) (?). Was the H1b for company C eventually approved?
 
LCSilence said:
If you worked for company for less than 180 days then you should be covered by 245(k) (?). Was the H1b for company C eventually approved?
Click to expand...

I worked for company B for more than 180 days. From nov 2002 to July 2003.
Yes company C h1 was approved. If was filed in July 2003 and approved with i94 dates of sep2003 to feb 2005 which was end of my 6 years.

Problem is all lawyers said it was okay when shifting from B to C. If i had know i would have waited to join company C. Company C filed my GC application.
 
you can't get a solution to this here, hurry up and get the best lawyer

gc_hopefull said:
I worked for company B for more than 180 days. From nov 2002 to July 2003.
Yes company C h1 was approved. If was filed in July 2003 and approved with i94 dates of sep2003 to feb 2005 which was end of my 6 years.

Problem is all lawyers said it was okay when shifting from B to C. If i had know i would have waited to join company C. Company C filed my GC application.
Click to expand...
 
as per AC 12 you can work on receipt number. so it may not be illegal. So Please actfast and take advice and contact good attorney

gc_hopefull said:
I worked for company B for more than 180 days. From nov 2002 to July 2003.
Yes company C h1 was approved. If was filed in July 2003 and approved with i94 dates of sep2003 to feb 2005 which was end of my 6 years.

Problem is all lawyers said it was okay when shifting from B to C. If i had know i would have waited to join company C. Company C filed my GC application.
Click to expand...
 
GC_Hopefull, Of the two questions you have, I will comment on the first one only regarding USCIS's rejection.
You joined B in Nov 2002, am assuming that you joined B immediately after they mailed your H-1 application to USCIS. You did not receive your H-1 approval for B at all. Now you join C in July 2003. When company C filed your application with USCIS, do you remember if they filed based on your A's (expired) H-1 status or B's (pending) H-1 status? It seems to me that in the eyes of USCIS, you jumped from A to C but inbetween you worked for B for which there is no approved documentation.
Please provide as much details as you can and dig out all these details i.e.. you must have a copy of the H-1 petitions. Please remember that for your lawyer, its just another case whereas for you, its a serious matter. Do make sure that your lawyer is aware of all these details
 
When I was changing jobs with pending H-1 extention, my lawyer told I must first get approval on current H-1 and only then file H-1 transfer to a new job... and I did file premium processing, paid 1K fee and got approval in 10 days and then filed H-1 transfer.
I think you should get a good lawyer...
 
pujar said:
GC_Hopefull, Of the two questions you have, I will comment on the first one only regarding USCIS's rejection.
You joined B in Nov 2002, am assuming that you joined B immediately after they mailed your H-1 application to USCIS. You did not receive your H-1 approval for B at all. Now you join C in July 2003. When company C filed your application with USCIS, do you remember if they filed based on your A's (expired) H-1 status or B's (pending) H-1 status? It seems to me that in the eyes of USCIS, you jumped from A to C but inbetween you worked for B for which there is no approved documentation.
Please provide as much details as you can and dig out all these details i.e.. you must have a copy of the H-1 petitions. Please remember that for your lawyer, its just another case whereas for you, its a serious matter. Do make sure that your lawyer is aware of all these details
Click to expand...


I think Company C filed based on pending of B.

The lawyer argued that i am covered under AC21 portability. But here is what INS is saying in their denial. I dont understand this .

In a response to the service's request for evidence counsel arugues that u were in a "period of stay authorized by the attorney general" and therefore eligible to port from one employer to another. Consel submitted.... evidence of William Y wated memo for H1 b portability .. AC21.

The service would like to point ou that "period of stay authorized by the attorney general" and maintainance of lawful nonimmigrant status are not interchangeable terms and do not carry same legal implications. The issue of this instant case related to maintenance of a lawyful nonimmigrant status under section 245 of the act.

Question: What is maintenance of lawful non immigrant status. Company B filed for H1. We have the receipt. i have paystubs and w2 for the period. i dont understand.
 
gc_hopefull said:
Actually company B file for H1 but was never approved. I have the receipt notice.
This whole screwup is because of Company B. They file my H1 and when i switched to company C, they got an RFE. They did not answer the rfe and when INS asked them why they withdrew the application.

Question: Can i work . I am on EAD, passed my 6 years. my ead gets cancelled if 485 is rejected right? Can we work once we file the MTR or have to wait.

Any ideas?
Click to expand...

Oh no, if Compaby B H1 was never approved, then USCIS could be right.

Frankly, it is not your mistake. Company B should have pursued the H1 for approval, otherwise they would have employed you illegally. If there is someone who has done something illegal here, it is company B.

In this immigration system, ultimate loosers are the employees.

Whoever is your Company C H1 lawyer, you are ill advised of possible risks.

One option is, If you can somehow prove that your period of unauthorized stay is < 180 days, then you can use a clause called 245K and do something about it.

I think this is arugable is court that it is not your mistake. If Company B employed you on H1, the burden of proof is on them, not your.

I dont know how true is this but if you travelled on Company C H1, you past mistakes get washed off to some extent.
------
I am struggling with my own denial 485 denial when I used AC21. My case more seems like USCIS error, they should have issued NOID instead of a straight denial.
 
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GreenCardVirus said:
Oh no, if Compaby B H1 was never approved, then USCIS could be right.

Frankly, it is not your mistake. Company B should have pursued the H1 for approval, otherwise they would have employed you illegally. If there is someone who has done something illegal here, it is company B.

In this immigration system, ultimate loosers are the employees.

One option is, If you can somehow prove that your period of unauthorized stay is < 180 days, then you can use a clause called 245K and do something about it.

I am struggling with my own denial 485 denial when I used AC21. My case more seems like USCIS error, they should have issued NOID instead of a straight denial.
Click to expand...



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
 
gc_hopefull said:
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.
Click to expand...

I get a feeling that this is somehow arguable in AAO. As for you, you followed the law. It is B who broke the law, not you.

One thing I never understood is that some of the cases that were fought in courts, the cases that set some precedent, who pays?

If any group like AILA is willing to take up, it could be arguable that you should not be victimized for someone else mistake.

Even in civil law like immigration there is so much gray and so many loopholes.
 
GreenCardVirus said:
I get a feeling that this is somehow arguable in AAO. As for you, you followed the law. It is B who broke the law, not you.

One thing I never understood is that some of the cases that were fought in courts, the cases that set some precedent, who pays?

If any group like AILA is willing to take up, it could be arguable that you should not be victimized for someone else mistake.

Even in civil law like immigration there is so much gray and so many loopholes.
Click to expand...

Yes true , someone else's screwup has caused so much misery. Well if law of sheela murthy see's no chance in MTR then no use. Also sitting and burning what is left of the little money i earned due to 2-3 layers of contracting is of no use. I just hope that company C continues my GC with consular processing. If i have to get it I will get it else India is the destination now.

Maybe thats what God wants.
 
file for mtr, don't depend on LOSM / RK, don't delay

more you delay more you loose, get your H1-B straigthened up by stamping if possible. In view of retro only a self interested lawyer will ask you to wait for 485 filling as CP will get you the GC when you will file for 485, but your choice.
gc_hopefull said:
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
Click to expand...
 
nato said:
more you delay more you loose, get your H1-B straigthened up by stamping if possible. In view of retro only a self interested lawyer will ask you to wait for 485 filling as CP will get you the GC when you will file for 485, but your choice.
Click to expand...

Thanks nato. But not sure if i can get the H1 b filed and recoverd. I have a meeting with laywer tomorrow on H1 filing as soon as possible. I have to leave the country since i cant work now and H1 needs to be stamped from india if it gets approved.Getting stamping in india with my CASe history will be a big story.

Also if it gets approved i need to search for a new contract. My GC sponsoring company is a small contraciting company.

With retrogression I dont know how long i have to wait and continue at low contracting rates

So i am totally confused on what to do.
 
gc_hopefull said:
Thanks nato. But not sure if i can get the H1 b filed and recoverd. I have a meeting with laywer tomorrow on H1 filing as soon as possible. I have to leave the country since i cant work now and H1 needs to be stamped from india if it gets approved.Getting stamping in india with my CASe history will be a big story.

Also if it gets approved i need to search for a new contract. My GC sponsoring company is a small contraciting company.

With retrogression I dont know how long i have to wait and continue at low contracting rates

So i am totally confused on what to do.
Click to expand...

Coming on H1 again seems like a good option. Its you personal choice, how far you want to chase something. Half the useful life will be over by the time the GC comes. I envy people who come from companies like TCS, INFY etc. Atleast they know what is in store and they act accordingly without any financial and emotional investments in chasing a GC dream.
 
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.
 
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