I-485 denied - appreciate your advice in this regard

[kamvp]

Received Notice today. My I-485 denied due to the following reason. My on-line message never changed .

I did worked for company X from march 2000 to Oct 2000. I do have i-797, W2,paystubs and employer offer letter. But USCIS says that I have I-797 and never worked for Company X. I-797 was filed and approved on Company X in nebraska Service Center. notice says that I said (RFE reply) worked from march 2000 to Company B, Actually I filed my I-797 in Oct 2000 with Company B. My attorney was saying that, she did mentioned that i worked for Company X for that period and shown I-797 as evidence in RFE reply. but she didnt send Tax returns or W2 of mine as evidence that I worked to Company X. Notice says that I have I-797 and but ours records not showing that I everwoked to Company X. they can send me another RFE and can ask evidence for that period.

My attorney told me that, she will work on my MTR on Tuesday, since she is going on vacation next couple of days.

guys any comments...

 

[Want GC Soon]

Received Notice today. My I-485 denied due to the following reason. My on-line message never changed .

I did worked for company X from march 2000 to Oct 2000. I do have i-797, W2,paystubs and employer offer letter. But USCIS says that I have I-797 and never worked for Company X. I-797 was filed and approved on Company X in nebraska Service Center. notice says that I said (RFE reply) worked from march 2000 to Company B, Actually I filed my I-797 in Oct 2000 with Company B. My attorney was saying that, she did mentioned that i worked for Company X for that period and shown I-797 as evidence in RFE reply. but she didnt send Tax returns or W2 of mine as evidence that I worked to Company X. Notice says that I have I-797 and but ours records not showing that I everwoked to Company X. they can send me another RFE and can ask evidence for that period.

My attorney told me that, she will work on my MTR on Tuesday, since she is going on vacation next couple of days.

guys any comments...

I guess if you send your paystubs, W2,tax returns for 2000 with MTR, you should get approved.

Just my 2 cents.. Good Luck

 

[dazzling]

Received Notice today. My I-485 denied due to the following reason. My on-line message never changed .

I did worked for company X from march 2000 to Oct 2000. I do have i-797, W2,paystubs and employer offer letter. But USCIS says that I have I-797 and never worked for Company X. I-797 was filed and approved on Company X in nebraska Service Center. notice says that I said (RFE reply) worked from march 2000 to Company B, Actually I filed my I-797 in Oct 2000 with Company B. My attorney was saying that, she did mentioned that i worked for Company X for that period and shown I-797 as evidence in RFE reply. but she didnt send Tax returns or W2 of mine as evidence that I worked to Company X. Notice says that I have I-797 and but ours records not showing that I everwoked to Company X. they can send me another RFE and can ask evidence for that period.

My attorney told me that, she will work on my MTR on Tuesday, since she is going on vacation next couple of days.

guys any comments...

I am very sorry to hear about what you are going through. The only thing I will say is that be careful with what documents you submit and what you do not. All the documents you submit for your MTR should be carefully selected and should not conflict each other.

The other piece of advice I will give you is that cross check everything that your attorney is saying / doing. Be careful, the outcome of your career is at stake here, so this is your job that you see this through. Dont think that I have an attorney so I do not need to bother and he/she will take care of this. I am not saying that your attorney is not good, but they are human and they have so many cases with them. They are likely going to make a mistake however competent they are. So this is your project and you need to handle the timely filing etc. The other thing is they dont bother if you get immigrated or not, they really do not care. So be careful and concentrate on this full time.

 

[kamvp]

I am very sorry to hear about what you are going through. The only thing I will say is that be careful with what documents you submit and what you do not. All the documents you submit for your MTR should be carefully selected and should not conflict each other.

The other piece of advice I will give you is that cross check everything that your attorney is saying / doing. Be careful, the outcome of your career is at stake here, so this is your job that you see this through. Dont think that I have an attorney so I do not need to bother and he/she will take care of this. I am not saying that your attorney is not good, but they are human and they have so many cases with them. They are likely going to make a mistake however competent they are. So this is your project and you need to handle the timely filing etc. The other thing is they dont bother if you get immigrated or not, they really do not care. So be careful and concentrate on this full time.

dazziling,

Thanks for advice.

when I called USCIS customer service, they told that issue with the acquisition. now I called today. they were telling that acquisition issue was cleared, they found it from audit department ( now they believe that Company A was acquired by Company B). they came of with new issue now.

I phrasing exactly what was mentioned in notice: 'The evidence of record indicates you began working at Company b (formerly Company A) in March 2000; however the petitioner did not file an I-129 petition for nonimmigrant visa worker in your behalf until Nov 2000, 8 months or approximately 240 days leter. Company X I-797 approval notices was filed, the record not establish you everwrked for this organization.

What my question is How they came up with March 2000, Where I started with Company B from october 30' 2000? I verfied all the paperwork what we initially filed. it never showed that I started in March 2000. my attorney sent RFE responses for I-140 and I-485. Do you think she mentioned in one of those letters? I dont have those copies with me. since I am getting doubt is, whatever she files, I was getting a copy of it to verify, every document has some mistakes, which I was telling her. Only I didnt see those RFE responses.

please advice.

thanks

kame

 

[dazzling]

dazziling,

Thanks for advice.

when I called USCIS customer service, they told that issue with the acquisition. now I called today. they were telling that acquisition issue was cleared, they found it from audit department ( now they believe that Company A was acquired by Company B). they came of with new issue now.

I phrasing exactly what was mentioned in notice: 'The evidence of record indicates you began working at Company b (formerly Company A) in March 2000; however the petitioner did not file an I-129 petition for nonimmigrant visa worker in your behalf until Nov 2000, 8 months or approximately 240 days leter. Company X I-797 approval notices was filed, the record not establish you everwrked for this organization.

What my question is How they came up with March 2000, Where I started with Company B from october 30' 2000? I verfied all the paperwork what we initially filed. it never showed that I started in March 2000. my attorney sent RFE responses for I-140 and I-485. Do you think she mentioned in one of those letters? I dont have those copies with me. since I am getting doubt is, whatever she files, I was getting a copy of it to verify, every document has some mistakes, which I was telling her. Only I didnt see those RFE responses.

please advice.

thanks

kame

When was Company A acquired by Company B? I think it must be public record that it was done effective March 2000 and that is the reason they seem to be saying this.

 

[kamvp]

When was Company A acquired by Company B? I think it must be public record that it was done effective March 2000 and that is the reason they seem to be saying this.

Company A was acquired by Company B officially on Feb 2001. but Initial proposal was started in Oct 2000.

 

[tammy2]

Company A was acquired by Company B officially on Feb 2001. but Initial proposal was started in Oct 2000.

From your posts what I understand is that you were out of status on Technical grounds and no fault of yours.
Ask your attorney whether Following Quote from 8CFR helps you?

Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (h), (I), or (J) of the Act;

http://uscis.gov/lpBin/lpext.dll/in...slb-8cfrsec2451

__________________

 

[kamvp]

From your posts what I understand is that you were out of status on Technical grounds and no fault of yours.
Ask your attorney whether Following Quote from 8CFR helps you?


__________________

I never worked march 2000 to Company B as they mentioned and worked from Oct 31th 2000. I was with company X at that time, i.e. march 2000 to oct 30, 2000. I do have proof for that. I have paystubs, W2 and offer letter for that period. only thing is when my attorney replied for RFE, she sent only I-797 copy of Company X and did not provide any other documentation. now in the notice, they said that we sent I-797 copy of Company X,but no evidence that i worked for company X. I didn't get RFE or RFE reply copy from attorney, so I am not sure, what she sent. whatever, my attorney applied earlier, always there were typos. So I am thinking this might be a typo by my attorney.

 

[orangetreats]

From your posts what I understand is that you were out of status on Technical grounds and no fault of yours.
Ask your attorney whether Following Quote from 8CFR helps you?


__________________

I concur ...Tammy the link is broken...Could you please fix the correct link please

 

[HaveMercy]

Hi Kamvp

Hi Kavmp

I think your case should not have problem once u use MTR and send the other documents to prove that u worked for that company during that period.

Also Can you please let me know whether you received the notice or ur attorney or both of you received it.

Wish you all the best

 

[kamvp]

Hi Kavmp

I think your case should not have problem once u use MTR and send the other documents to prove that u worked for that company during that period.

Also Can you please let me know whether you received the notice or ur attorney or both of you received it.

Wish you all the best

me and my attorney received same day.

kame