Help Ginnu, imwatcher123,TheRealCanadian,unitednations, tooSAD and others

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PendingGC1

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Experts I need your suggestion. PLEASE READ THIS

->Came to USA in Jan1998 on CompanyA H1B(from India)
->Changed to CompanyB in Oct1998 based on FAXED H1B approval.
->I Planned to go India in Jan 2000 and requested ORIGINAL H1B from CompanyB.
->Initially told all stories, finally companyB admitted that Faxed H1B approval was FAKE (made up), did same thing with other employees during that time.
->Still my CompanyA I-94 was valid until Feb2000. But CompanyA Cancelled my H1B in April1999.
->Left USA before my I-94 expiry(Jan 2000), went to Canada on work permit visa.
->I94 NOT taken at canada Port of entry(not sure why)? still with me.
->From Canada went to India and applied for USA Visa through CompanyC (NOT lied any thing in DS156 form).
->Came to USA in Jun2000, after that travelled to India twice and got married.

Green Card details:
EB2 - RIR - Employment Based
No attorney to my file all done by my company HR(because of cost cutting)
Filed LC in Jun2001 ... approved in Oct2001
Filed I140 in Jan2002 ... approved in Jan2003
Filed I485 in Jan2003 ... NO APPROVAL YET
applied 3 EADs and APs all approved
Given 2 FPs so far with my wife.

QUESTIONS:
1. What is the chance of getting my I485 approved (scale 1- 10)?
2. Period between Oct1998(Moved to companyB) or Apr1999(CompanyA cancelled H1b) - Jan2000(left USA), come under illigal stay?
3. Do I need to consult good attorney? (please suggest one for complicated cases like this)
4. All these happened without my knowledge, when I came to know left contry and came back with fresh H1B from different company. Does this help me?
5. When filed for I485, filled G325 with CompanyB information. Does this illigal work will affect my GC?

Experts input is appreciated
 
PendingGC1 said:
Experts I need your suggestion. PLEASE READ THIS

->Came to USA in Jan1998 on CompanyA H1B(from India)
->Changed to CompanyB in Oct1998 based on FAXED H1B approval.
->I Planned to go India in Jan 2000 and requested ORIGINAL H1B from CompanyB.
->Initially told all stories, finally companyB admitted that Faxed H1B approval was FAKE (made up), did same thing with other employees during that time.

*************** You MUST complaint againt this employer that company owner needs to be booked for immigration fraud. Post the Info about the company so that others can be aware
->Still my CompanyA I-94 was valid until Feb2000. But CompanyA Cancelled my H1B in April1999.
----- from Oct1998 till you left USA Jan 2000 your work was unauthorized and your stay in US was illegal after company A cancelled H1b
->Left USA before my I-94 expiry(Jan 2000), went to Canada on work permit visa.
->I94 NOT taken at canada Port of entry(not sure why)? still with me.
------------------------ Canada immigration dont take I-94
->From Canada went to India and applied for USA Visa through CompanyC (NOT lied any thing in DS156 form).

->Came to USA in Jun2000, after that travelled to India twice and got married.

Green Card details:
EB2 - RIR - Employment Based
No attorney to my file all done by my company HR(because of cost cutting)
Filed LC in Jun2001 ... approved in Oct2001
Filed I140 in Jan2002 ... approved in Jan2003
Filed I485 in Jan2003 ... NO APPROVAL YET
applied 3 EADs and APs all approved
Given 2 FPs so far with my wife.

QUESTIONS:
1. What is the chance of getting my I485 approved (scale 1- 10)?

2. Period between Oct1998(Moved to companyB) or Apr1999(CompanyA cancelled H1b) - Jan2000(left USA), come under illigal stay?
--read above
3. Do I need to consult good attorney? (please suggest one for complicated cases like this)
-------------- I will and inform that what I answered on DS-156
4. All these happened without my knowledge, when I came to know left contry and came back with fresh H1B from different company. Does this help me?
---------------yes it helps, becase you left US after unauthrized work and reentred again after illegal say
5. When filed for I485, filled G325 with CompanyB information. Does this illigal work will affect my GC?
------no, becase you re-enetered
Experts input is appreciated
Click to expand...
********* wait for others comments
 
Last edited by a moderator:
Thanks Ginnu for the response..

CompanyB closed their business some time after my incident.
Actually CompanyB filed my H1B, but after 3 months of filing they got RFE(RFE was for company documents) and they didnot responded.
CompanyB did same thing for others but other got H1B approvals. I am the only unlucky person.

I got W2's and paychecks from CompanyB and filed my Tax returns for 1998 and 1999.
Filed for FOIA for getting copy of my 485 file(Since I don't have).

WILL I GET MY GREEN CARD?
Any change of getting RFE? Never got any RFE during Labor, I140, H1B's and EAD/AP's.

Other experts please suggest me some thing. Please suggest good lawyer for this kind of cases.
 
I think it should be OK because re-entering wipes out all the defects. They verify the status only after last entry to US before applying the I-1485. In your case last entry before Jan-2003.
Do you have faxed copy of that fake H1B? Because in worst case you can use that as proof of your claims

Most probably you should not have any problems in getting GC.
 
thanks tammy2..

I do have the faxed copy with me.. It shows company fax number and DateTime stamp on it..

What would be the reason for delay in my I485? Name check and every thing cleared.

Completed my 7th year H1B extension and currently on EAD. Does this will case any problem?
 
You left the country after the status problem and re-enetered legally that will make you eligible for 485 using 245(K) as long as you haven't voilated your last admission more than 180 days. Please note from other lawyers I have talked they reiterated that eligibility of of AOS should be measured since your last admission unless there were some unlawful presence(after the expiration date of I-94 or status violation findings from imm judge) in the past more than a year. I think you are fine. However,I do warn you that it's just my understanding from what I have found on this forum and others, and don't rely on this solely. Just incase of rfe, it's better to be prepared and find out more from attorneys to see where you stand. you want to know how you want to respond the rfe, At the I-485 stage, I think USCIS will go very carefully through your immigration history, from Biographic data, and they will come to know that you worked for a company with out proper authorizion if you mentioned this on your work history on the form and that will most likely generate rfe for you. Although you were deceived by the company and I would suggest you keep any documents or correspondence you had with this company to prove you weren't willingly violating the US IMM laws. Find out more about how you want to invoke 245(K).

I hope your case will get approved with out any rfe. But even incase, don't panic, you can use 245(k).

I hope this gives you some comfort, I know how you feels since I have gone through this, I had status problem in the past when I was on f1.
 
tooSAD,

Little confused with your statement (1st and 2nd lines) "as long as you haven't voilated your last admission more than 180 days. " Please clarify me..

I didnot voilated any status since last admission before I-485 filing (Jun'2000). I am with same company from last 5 years (Jun'2000) and I am on payroll for all these years.

Please respond
 
PendingGC1 said:
I didnot voilated any status since last admission before I-485 filing (Jun'2000). I am with same company from last 5 years (Jun'2000) and I am on payroll for all these years.
Click to expand...

Then you should be OK, even though you were working without authorization. You still have the fake H-1B "approval", and paid taxes on your income, right?
 
PendingGC1 said:
thanks tammy2..

I do have the faxed copy with me.. It shows company fax number and DateTime stamp on it..

What would be the reason for delay in my I485? Name check and every thing cleared.

Completed my 7th year H1B extension and currently on EAD. Does this will case any problem?
Click to expand...

I will not relate the delay to that. If there is any discrepancy usually they will transfer it to local office for verification purpose.
That should have happened by this time. That is the reason you need to you have that Fake fax in case if interviewer asks.

Just go through the standard mechanism of expedite request, senators/Congressmen you would be approved soon.
 
Thanks..

I contacted USCIS(Expedited request) and my local congressmen, got response like "file is with Adjudicating Officer". Don't know what that mean.

Paid taxes for all those years with W2's issued from CompanyB.

Filed FOIA on Feb 9th 2005, does this causes any delay?

Does the H1B cancellation by CompanyA will VOID my I-94.


Please respond..

I Appreciate every one's response.
 
Sorry I confused you. what I meant here is even if one has violation / out of status since his/her legal entry, UPTo 179 days can be forgiven under 245(k) for employment based gc. In your case you don't have a single day of out of status since your last entry that's even better.

Status violation I think is reset each time you enter. Like others mentioned on this site, past immigration infractions are generally dont count if one has left the country after status problem and came back with a clean entry before filling I-485. Some adjudicator mightn't have been aware of 245(k) or even some lawyers don't want to ride on this answer for past immigration issues and I have noticed both(lawyers/uscis people or applicatnt) generally want to invoke 245(i) and get over this if he/she is eligible for life act. Life act is a diffrent thing and I am sure you have researched on this.

Anywway, Key point here is USCIS have acknowedged that for employement case, one can adjust his/her status under 245(a) using 245(k) as long as he/she is eligible . I think you are eligible but talk to lawyers (more than one) to get professional advice, it cost money but gives you peice of mind.

Hope for the best....

Thanks
 
tooSAD thanks for the update.

I don't mind spending money for fixing problem. As you suggested I will contact attorney's (2 atleast)...

*** COULD ANY ONE SUGGEST GOOD ATTORNEY, WHO CAN HANDLE COMPLECATED CASES. EXPENSIVE ATT'Y SHOULD BE OK TOO ***

Any suggestion regarding the travel at this time? We are planning a trip to INDIA, WILL IT CAUSE ANY PROBLEM (USING ADVANCE PAROLE).

Thanks
 
Response from imwatcher123, unitednations and Others will be appreciated

Response from other experts who had gone through status issue because of employer.. please SUGGEST me with options..
 
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