I was working for company A from June 2000 to March 2007 in India. During that time someother company X processed H1 and they got approval notice. I never joined company X, and I do not have any visas for them in my passport.
From company A I came here on L1 visa for the first time on May 2004 and stayed here for 15 days and went back. When I returned back I gave back the I-94 to the airline but somehow they missed to enter the departure record. However my passport has the arrival record in India for May 2004 arrival.
I came to USA on April 2007 on Company A sponsored H1B visa(Valid until 2009) and now I am working for company B and they filed for H1 transfer. I received a RFE (asking that I am in valid immigration status) stating visa transfer that I seem to be overstayed because
-- A H1 was approved on my name by company X during 2000 to 2003 (I never joined with that company and no visas on my passport on thier name)
-- No departure record found on Jun 2004 for my 15 days visit
I came here by April 2007 only and received SSN during that period and my payroll starts that period only. Actually I stayed in USA previously for 15 days only on L1.
Did anyone faced this kind of weird RFE ??
My attorney is working to address this but I got worried when someone says that I overstayed as I stayed only for 15 days previously.
Please advise
From company A I came here on L1 visa for the first time on May 2004 and stayed here for 15 days and went back. When I returned back I gave back the I-94 to the airline but somehow they missed to enter the departure record. However my passport has the arrival record in India for May 2004 arrival.
I came to USA on April 2007 on Company A sponsored H1B visa(Valid until 2009) and now I am working for company B and they filed for H1 transfer. I received a RFE (asking that I am in valid immigration status) stating visa transfer that I seem to be overstayed because
-- A H1 was approved on my name by company X during 2000 to 2003 (I never joined with that company and no visas on my passport on thier name)
-- No departure record found on Jun 2004 for my 15 days visit
I came here by April 2007 only and received SSN during that period and my payroll starts that period only. Actually I stayed in USA previously for 15 days only on L1.
Did anyone faced this kind of weird RFE ??
My attorney is working to address this but I got worried when someone says that I overstayed as I stayed only for 15 days previously.
Please advise