Ami Out of Status?

N

nim1976

Registered Users (C)
I am in a problem.

I left company A who had my original H1, and Joined Company B in February who filed my H1 as well. I left Company B before my H1 was approved as they were not too stable and Joined Company C.

I am with company C right now who have filed my H1, and they have an RFE.

Part of the RFE is they need the Filing Reciept or Number for the H1 applied for by company B. Here is my problem:

a. Company B is no longer in business and have no contact with people there. I did not get my filing reciept or number from them.

b. They had an RFE on their application for me, but i dont know if they responded or not.

What does all this mean?

My current company is fine, stable and paying me a salary. Am in going to get penalized because of my previous employer?

Anyone with any experience with this?
 
you will need to have the filing receipt to send to INS. If you donot have one you need to come up with a solid explanation but I would recommend you see a lawyer.
this forum may not help you in that matter.


NOTE:THIS NOT A LEGAL ADVICE .USE AT YOUR OWN RISK
 
A lawyer is representing me. He says it would make life alot easier if we had the filing reciept.

I just wanted to know if anyone had been in a similar situation and if so, what the experience was.
 
Not to simmer U
Ur previous status seem to be in problem. If U dont have com B offer letters, U can use salary stats orW-2 a to give that info..
 
i was with company b for about 4 months. i have an offer letter and paystubs.

I dont know if this has any impact, but i was a consultant at company c, through company b, so they have a consulting agreement. B went out of business, and c hired me.

so you are saying that if i give offer letter and paystubs, that may help? FYI- in the initial submission for H1 through C i gave paystubs from co. B
 
The critical piece of evidence is something that proves that you filed an H-1 "transfer" so you were in status. Proving that you were being paid shows nothing as far as your immigration status was concerned in this situation. The best evidence would be a receipt notice. If you absolutely cannot get that and can't obtain a receipt number, I would supply as much information as possible in an affidavit. Then hope that INS can find the info in their records.

Jim
 
Is there any legal avenues I can take to retrieve this information? Im not sure if my ex-employer is officially out of business or in the process of winding down operations.

Also, someone told me that the INS may make me return to my home country consulate and have them make a decision. What is that?
 
Hey nim,
I was almost in a similar situation. Here it goes....

Company A sponsored my H1(Vermont) and I'm working as a contractor in company B. Company B wanted to hire me and they applied for my H1 transfer in Texas as the company is in Texas. By the time my H1 got approved company B got closed. I don't have any idea what happened to my H1 with company B and I'm not bothered at all as I'm still with company A. Later I'm with company A working on different contracts.
Every thing went going on well. My H1 from company A is about to expire and company A attorney filed my H1 extension. Then the trouble starts.

I waited for the approval for more than 3 months. Later I requested my attorney to talk to the INS. She did and they told that my H1 has already been transferred to some other company (Company B) and we did not document it when we applied for extension as we don't have any idea about the H1 approval from company B.
They did not send me any RFE but they told that the case has been sent to Texas Service Center for further investigation. Later I found some HR guys in the company B and some how got my company B H1B approval but did not send it to the INS as they did not request me for that.
Luckily with out any RFE's my H1 got approved after 6 months.
 
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