485 RFE please help

S

sgreddy

New Member
Hi,
I got 485 RFE for initial entry and status.
My case is unique. Please help.
Came to US on H1B visa on 03/12/1999 on company A and my initial I-94 valid until 09/01/1999.
Company B also had approval notice I-797 for me valid from 12/31/1998 to 10/22/2001.
When i came to US, company A had no project and company B asked me to work for them as they already had an approved I-797. when i expressed my concerns about work authoriztion, they told that they consulted their
legal advisor and there was no problem.
I worked for company B from 03/12/1999 until 07/09/2000. After some months i realized that my initial I-94(company A) was getting expired and i reminded my employer(company B).
After contacting his attorney he said there is nothing to worry and said
as i have the H1B approval notice valid until 10/22/2001, i do not have any problem and iam legally ok.
So i trusted him( i do not have much knowledge about ins rules at that time).
Had visa revalidated from state dept with company B visa on 06/2000.
Company C filed H1B transfer and got approval valid from 06/13/2000 to 04/17/2003. This approval came with I-94 valid from 06/13/2000 to 04/17/2003. Whereas my company B approval I-797 does not have attached I-94. Cos this was approved before i came to US.
Company C is doing my GC and i have LC approved ,I-140 approved and FP done. But i got 485 RFE asking for evidences proving my initial legal entry and status from 03/1999 to 06/2000.
Iam i going to have problems? can i proove that iam in status? Please help
 
I don't think there is any problem.
I guess your attorney forgot to attached H1 approvals for concerned period with I485 application. Just send all the I-129s that covers that period (03/99 - 06/00). If have a copy of your initial I-94, attach that one too. Otherwise, send a copy of the passport page where your first entry was stamped.
 
sgreddy said:
Hi,
I got 485 RFE for initial entry and status.
My case is unique. Please help.
Came to US on H1B visa on 03/12/1999 on company A and my initial I-94 valid until 09/01/1999.
Company B also had approval notice I-797 for me valid from 12/31/1998 to 10/22/2001.
When i came to US, company A had no project and company B asked me to work for them as they already had an approved I-797. when i expressed my concerns about work authoriztion, they told that they consulted their
legal advisor and there was no problem.
I worked for company B from 03/12/1999 until 07/09/2000. After some months i realized that my initial I-94(company A) was getting expired and i reminded my employer(company B).
After contacting his attorney he said there is nothing to worry and said
as i have the H1B approval notice valid until 10/22/2001, i do not have any problem and iam legally ok.
So i trusted him( i do not have much knowledge about ins rules at that time).
Had visa revalidated from state dept with company B visa on 06/2000.
Company C filed H1B transfer and got approval valid from 06/13/2000 to 04/17/2003. This approval came with I-94 valid from 06/13/2000 to 04/17/2003.

Whereas my company B approval I-797 does not have attached I-94. Cos this was approved before i came to US.

----------------- I see a Problem with this, becase your company B did not file H1 transfer. or you needed to go out and need to get H1B visa stamp based on B approval and needed to enter with B visa stamp and then you could have got I-94 based on B H1 approval and Visa. It seems that your work with B was not authorised, go to good lawyer and explain in details or contct the lawyer of company B ( I think he gave you wrong advice) I think your work with B from 03/12/1999 until 07/09/2000 was not authorized

**** did you go out of US after 07/09/2000 and entred US again??? if yes when, list the trips and inform your lawyer

Company C is doing my GC and i have LC approved ,I-140 approved and FP done. But i got 485 RFE asking for evidences proving my initial legal entry and status from 03/1999 to 06/2000.
Iam i going to have problems? can i proove that iam in status? Please help
Click to expand...
--- you worked with company B and company B had H1 approval with out I-94, did you transfer H1 from Company A to B or just started working with B without valid I-94,If worked with B and did not file H1 transfer for B and started working with then then I see a Problem becase you came to US on A H1 and then jumped with B with out filing H1 transfer from Ato B the I-94 you had was based on Company A H1 approval. you need to contact a very good lawyer. ask your lawyer about 245(k) he will explain if you can use that.
 
Guys I have a similar problem with my wife's I-485 need help,
1, She was in US with ABC company's visa when she filed for her H1B transfer.After applying for the visa she left the country for our marriage.
2, While she was in India her H1B transfer petition was approved.
3, We came back to US with ABC company's visa. I94 issued till May 0'1
4, Then we received her new H1B papers with valid I94.(We didn't realize
that I94 number's are not the same because it was applied before she left
the country). We were under impression that the new I94(with validity upto
sep'03) supersedes the one given at the port of entry(obviously we were
wrong).
5, Then using these new papers we sent the passport for visa stamping and it
was revalidated on the passport I guess after the expiration of the I94 issued at
the port of entry.
6, Since we never realized that there was an issue with I94, when we applied
for H1B extension it's applied as if it was an extension of new I94(the one
which came with the new company's initial approval). Unfortunately even the
attorney didn't notice that( or never mentioned us about the issue).
7, During the process of her H1B extension there was a RFE requesting the
detailed dates of her stay in US with addresses(they wanted to know whether
she already finished her 6 years of stay in US). At that time we gave all
the dates and the photocopies of all visas and I-94's. Then it was approved.
8, Now there is an RFE on her I-485 application requesting to explain how she could have been in legal status from the time her old I94 expired(may 01) to the time when she got her H1B extended(sep 03).

Regards,
crk321
 
gsreddy,
Can you please keep me updated of your response and developments. My lawyer is working on our response I will update you once the response is finalised.

Regards,
crk321
 
sgreddy and crk321,

Could you guys provide the case details. Like I485 RD and RFE dates.

Also what is the duration for the response to RFE ?

thanks
 
sgreddy,
did you go out of the country before you apply your 485.
If you did then that might save you.
One of my friend is having the same problem as his 485 pending and he contacted a reputed attorney and got this answer.
 
crk321,
definitely i'll update. my lawyer is also working on this and i'll post if anything comes.
My 485 RD is 11/07/2002
RFE 03/04/2005
Yes i did go out of country before filing I-485 when i was working for company C but that was in feb2001 which is more than 180 days after my initial I-94 expired.
Tuxedo what happened to ur friend?
 
crk321,

could you post your details. Center(VSC?), RD and RFE dates.

The reason for asking is, my RD is Jan'03 and VSC is currently processing '04 cases.

Probably all cases related to status gap getting dalyed? ANY IDEA?

sgreddy,
Which service center is your file?

sgreddy and crk321,
When you talk to your lawyer, how confident are they with this case? Probably these kind of mistakes might happen with many of our H1B community. Lawyers might have many cases before with same problem.
Did you guys asked outcome of those cases?

Appreciated
 
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My care details:

I140/I485 concurrent filing -->Dec 03 (ND)
EB2
NSC
I40 approved on 02/14/05
RFE on primary and Spouse I485 -->Feb 23/05
Time to respond to RFE -->May 18/05

Primary RFE straight forward need birth affidavits with mothers name included and latest employment letter.

Spouse RFE about the I94 problem I mentioned earlier.

My lawyer noticed the problem when we filed the I485 case and he said it's a common thing and is ignored often pre 9/11 but now they are looking into these type of issues indetail.
 
Sgreddy,
My friends 485 is still pending.(ND Nov 2004).
CRK321,
your wife's case case is similar to my brother.
1:He went out of the country while his h1b transfer is pending from A to B.
2:Got his H1B transfer approval(Company B) while he was in India and company B's lawyer sent New H1B approval to India.
3:Came back to US on Company A's Visa and by mistake(huge) showed Company A's 797 and got a I-94 based on that.
4: Started working on Company B and also got visa revalidated from depart.of state,DC.
5: His latest I-94(issed at port of entry) is expired and he thought I-94 which came with Companys B is valid(But not).
6: Went to India again after more than 6 months after Port of entry i-94 expiration.
7: Came back to US on Comopany B's visa and got a correct I-94 and applied his 485.
8: Realized this mistake and I talked to my company's attorney(very reputed firm) and also for second opinion went to an immigration attorney.According to them his stay after I-94 expiration(issed at Port of entry first time) is definetly a problem but can be fought as he made a clean trip to India before applying his 485 and they saw many similar cases got approved .

Hope this will help you guys.
Good luck.
 
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Anybody in similar situation please reply with case details.
my case is in TSC
Tuxedo,
Can you please explain your friend case.
 
sgreddy,
I filed RFE response for my wife's case and waiting for response. Any update on your case.

crk321
 
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