ChiragBParikh
New Member
Hello All
I am in a difficult situation right now. USCIS has send me a notice of Intent to Deny my I-485 application. The reason they have stated is that H-1 LCA had mentioned that I should be working for Company A in Dallas metroplex area. However my Biographic information form G-325A they conclude that I have been working in Tampa, Florida and currently in Sunnyvale, CA. Hence I have been violating my H-1 rules and am not eligible for adjustment. My employer had not filed LCA amendments for the client location. He started doing that in March, 2009 and I have a LCA for Menlo Park, CA (my current client location).
1) I need to understand at this point, what is the argument we need to come up with to secure the I-485. I was totally unaware of the LCA filing for a client place.
2) I had recently returned from India on the 16th of Jan, 2010 on Advanced Parole if that has an impact on my case or if that re-sets my status or if it impacts the 180 day out of status ok.
I have contacted my attorney and seeked her advise.
However if someone has been in a similar situation, their experience would be extremely helpful. Please find the case history attached for your reference
Case History:
F1 Visa - 01-14-2001 Came to US on F-1 Visa
OPT - valid from 5/15/2004 - 5/14/2005
H1-B approved - October 27, 2004, H-1 B validity - 11-15-2004 to 06-30-2007 , H1 Stamped in Torronto, Canada - 06-09-2005
H1 B - extension - July 17, 2007 H-1 B extension validity - 07-01-2007 to 06-28-2010
Labor applied - March 23, 2005
Labor approved - Dec 12, 2006
I-140 applied - May 9, 2007
I-140 approved - Jan 11, 2008
I-485 applied - July 2, 2007
EAD approved dates - (9/27/2007 - 9/26/2008) , (7/21/2008-7/20/2010) ,currently applied for renewal of EAD
Have not used EAD till date
Advance parole dates - (02-12-2008 - 02-11-2009 ) , (17-08-2009 - 16-08-2010)
India Trips
Dec 3, 2009 - Jan 16, 2010 - Used Advance Parole to enter USA
Jan 21, 2007 - Feb 19, 2007 - Used stamped H1 to enter USA
Oct 15, 2005 - Nov 13, 2005 - Used stamped H1 to enter USA
12 Dec, 2002 - Jan 17, 2003 - Entered on F1
Employer Location
Company A, Texas is the Employer who filed for my H1,H1 B extension, Green Card
Client Locations I have worked
Nov 2006 - Till date - Menlo Park , CA
Nov 2004 - Oct 2006 - Tampa, Florida
Aug 2004 - Oct 2004 - Indianapolis, IN
Tax Filing:
2001 tax filed with Tx address - W2 shows Texas address
2002 tax filed with Tx address - W2 shows Texas address
2003 tax Filed with Tx address - W2 shows Texas address
2004 tax filed with Tampa Florida Address - W2 shows Texas address
2005 tax filed with Tampa Florida Address - W2 shows Texas address
2006 tax filed with Texas Address - W2 shows same Texas Address
2007 joint tax filed with California Address - W2 shows Texas Address
2008 joint tax filed with California Address - W2 shows California Address
2009 joint tax filed with California Address - W2 shows California Address
I am in a difficult situation right now. USCIS has send me a notice of Intent to Deny my I-485 application. The reason they have stated is that H-1 LCA had mentioned that I should be working for Company A in Dallas metroplex area. However my Biographic information form G-325A they conclude that I have been working in Tampa, Florida and currently in Sunnyvale, CA. Hence I have been violating my H-1 rules and am not eligible for adjustment. My employer had not filed LCA amendments for the client location. He started doing that in March, 2009 and I have a LCA for Menlo Park, CA (my current client location).
1) I need to understand at this point, what is the argument we need to come up with to secure the I-485. I was totally unaware of the LCA filing for a client place.
2) I had recently returned from India on the 16th of Jan, 2010 on Advanced Parole if that has an impact on my case or if that re-sets my status or if it impacts the 180 day out of status ok.
I have contacted my attorney and seeked her advise.
However if someone has been in a similar situation, their experience would be extremely helpful. Please find the case history attached for your reference
Case History:
F1 Visa - 01-14-2001 Came to US on F-1 Visa
OPT - valid from 5/15/2004 - 5/14/2005
H1-B approved - October 27, 2004, H-1 B validity - 11-15-2004 to 06-30-2007 , H1 Stamped in Torronto, Canada - 06-09-2005
H1 B - extension - July 17, 2007 H-1 B extension validity - 07-01-2007 to 06-28-2010
Labor applied - March 23, 2005
Labor approved - Dec 12, 2006
I-140 applied - May 9, 2007
I-140 approved - Jan 11, 2008
I-485 applied - July 2, 2007
EAD approved dates - (9/27/2007 - 9/26/2008) , (7/21/2008-7/20/2010) ,currently applied for renewal of EAD
Have not used EAD till date
Advance parole dates - (02-12-2008 - 02-11-2009 ) , (17-08-2009 - 16-08-2010)
India Trips
Dec 3, 2009 - Jan 16, 2010 - Used Advance Parole to enter USA
Jan 21, 2007 - Feb 19, 2007 - Used stamped H1 to enter USA
Oct 15, 2005 - Nov 13, 2005 - Used stamped H1 to enter USA
12 Dec, 2002 - Jan 17, 2003 - Entered on F1
Employer Location
Company A, Texas is the Employer who filed for my H1,H1 B extension, Green Card
Client Locations I have worked
Nov 2006 - Till date - Menlo Park , CA
Nov 2004 - Oct 2006 - Tampa, Florida
Aug 2004 - Oct 2004 - Indianapolis, IN
Tax Filing:
2001 tax filed with Tx address - W2 shows Texas address
2002 tax filed with Tx address - W2 shows Texas address
2003 tax Filed with Tx address - W2 shows Texas address
2004 tax filed with Tampa Florida Address - W2 shows Texas address
2005 tax filed with Tampa Florida Address - W2 shows Texas address
2006 tax filed with Texas Address - W2 shows same Texas Address
2007 joint tax filed with California Address - W2 shows Texas Address
2008 joint tax filed with California Address - W2 shows California Address
2009 joint tax filed with California Address - W2 shows California Address