Confusing H1 status...urgent...please help

I

immiadvice

Registered Users (C)
Hi all;
My current employer had submitted H1 renewal on Dec 31st 2002. My H1 expired 03-01-03. I have received RFE to submit my exact dates of employment in US
Question, I switched to current company in begining of Jan 02. My current employer had filed transfer of H1 from previous employer in Dec 11 2001. However, they filed incorrect fee of $1100 instead of $610 ($1100 became effective from December 18 2001) and therefore my application was rejected asking to resubmit the package with the correct fees (note i had already started the new job having no knowledge of all these from HR). The new package was submitted on Feb 2 2001 (reference was given to rejection notice) and received approval in April 2001.

WAS I OUT OF STATUS FOR JANUARY 2001????
Now in the reply to RFE, do I need to put LIN# AND IF YES HOW SHOULD I ACCOUNT FOR REJECTION NOTICE LIN

thanking you all
 
No

No you were not out of status. Explain that an application was filed and in good faith you had continued the employment with new company. Submit the dates and rejection LIN.
For the RFE say that you are withdrawing this H1 renewal and give new company employment details from Jan 02.
This was out of your control and INS will not take an adverse position. I suggest employing a lawyer.
 
thanks Jaxen for your prompt reply. But I apologise but did not exactly understand your recommendation about withdrawing H1 and Jan02 date.
Wont be out of status since my H1 already expired on 03-01-03.
Also, Jaxen on the other thought in my case, what are the implications if my H1 renewal (second 3 yr term) get rejected. FYI, I am also doing my PhD part time.

Thanking you
 
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