I-485 Rfe- Please Advise Asap

J

jeans

Registered Users (C)
Hi

I recieved an an RFE ON -i-485

Here is what it says - please advise

I came TO usa in year 1999 March, but was on H1-B with the company through whom i came to USA and was not working anywhere as my employer could show me any project.
So, i searched for other company and I got an employement with another company in July 1999 who also filed my H1-B and i am with the same company till now who has also been processing my GC.

Now in the RFE, NSC is asking what i have been doing from 1999 March till July 1999, as i have no employer for this duration.
I don't have even tax statements or paystubs for this period. They are asking to resolve the discrepancy and show them i entered US
on H1-B NONIMMIGRANT VISA

Is there any way where i can have any workaround for this situation that could be present in response to the RFE.

Please advise.
 
jeans,

you need to talk to your attorney immediately. please post the exact date you landed in USA and exact date when you started working for 2nd company.
 
You were theoritically employed by the company that sponsored you for visa. Even if you're on bench, you're still under employment with this company. Actually they owe you the agreed wages for this period. You could sue them for it (unless statue of limitation has expired).
 
USCIS Will also you why did you stay with that company when they are not paying you? I think this is complicated case and you should seek advise of an good immigration attorney
 
I guess there is some limit of permissible 6 months stay while in invalid status.
In worst case scenario, you can probably take advantage of 245(k) clause.
Consult your attorney for this
 
Jeans -

It looks like you were out of status for more than 6 months ... you could be in real trouble. Contact a good attorney...
 
Hey, it's only March to July: 4 months.

TSC05 said:
Jeans -

It looks like you were out of status for more than 6 months ... you could be in real trouble. Contact a good attorney...
Click to expand...
 
jeans said:
I entered USA on March 11, 1999 and joined another company July 12 1999
Click to expand...

Jeans,

Don't panic. Even if you have not worked for 6 months you are eligible to have green card by paying some fees. I guess you have to file separate documents with your I485; it will cover for 180 days.

Mean time tries gathering all the information you possibly can have to prove your employment with your first company. Some of them...

(1) Letter from your first company, I know it is not possible
(2) Letter from your friend who worked with you during that time.
(3) Any email conversations with your first employer
(4) Offer letter from your first employer
 
gravitation - you're right. he was out of status for 4 months. I guess there is no problem then ...

I think the best course of action is to just explain USCIS the situation at the time... and if necessary admit that you were out of status. You can also apply for inadmissibility waiver if you are deemed inadmissible. I heard its not too hard to get waiver approval.
 
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How do CIS know that u have not worked for this period have u told it while filing your AOS

you can use this clause
Section 245(k)

Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
 
The following answer is not legal advice (and should not be relied upon as such), and it does not establish an attorney/client relationship. The fact patterns you present tend to display many variations on a theme. Each can be complex. Answers will therefore vary with the circumstances.

But for what it's worth, I suggest that you consider as one possible alternative whether your clients can qualify for employment-based adjustment of status under INA section 245(k). This provision offers certain nonimmigrant workers seeking to adjust status a generous forgiveness for a variety of past infractions, as long as the particular requirements of 245(k) can be satisfied. To qualify under 245(k), the applicant on the date of filing for AOS must be present in the U.S. pursuant to a lawful admission, and must not thereafter, for a period exceeding 180 days, have (a) failed to maintain continuously a lawful status; (b) engaged in unauthorized employment; or (c) otherwise violated the terms and conditions of the applicant's admission.

Because the provision looks only to conduct occurring after the last lawful admission, prior violations of status or prior periods of unauthorized employment that occurred during previous entries to the U.S. may not be considered by the INS as a basis for ineligibility to adjust status. 245(k) is also helpful because by the express terms of the statute, this provision, when applicable, overrides other grounds of ineligibility to adjust status under INA sections 245(c)(2), (c)(7) and (c)(8). Thus, if your H-1B clients - even though having failed to maintain lawful status - are not overstays, they can depart the U.S. (without triggering the unlawful-presence penalties of INA sections 212(a)(9) and 222(g)) and reenter to resume lawful H-1B employment. Assuming that thereafter they remain in lawful status, they would seem to qualify for AOS under 245(k). For more on 245(k),
 
How about if you have immediate US citizen relatives. I think I read somewhere that even if you cannot adjust status for some reason, they will adjust you on the basis that you have immediate relatives who are US citizens.
 
Thanks for all the info friends.
Some of you talked about 245K, WAIVING and paying fees...

Can any one please exaplain what does all the above mean in clear and when these should be done. I have been give the time untill July 20th to resolve the decrepancy of 4 months.

Also, though i came on Company A's H1-B first in March 1999 and was having no job, Company B offered me the employement after 2 months in May 1999 which i accepetd and joined them in July 1999 while waiting for HI-1B with Cmpany B to be filed. Since then i am with Company B till now who has filed my GC also.

I checked with my atttorney and she has asked me to try to get a certificate from doctor that i was sick from March - April 1999 and then from my present company B that i was offered employment by them from May 1999...

Please advise... should i talk to my lawyer about 250 K, paying fees, waiving etc, etc...
 
Have u been out of US and reentered US between march 1999 and filing of your AOS(this is important for 245(K)).
and second thing do anyone else know that you have not worked for company A, It looks like some one has tiped USCIS about your status at that time as USCIS does not have resources to know that you have not been paid during that period.
 
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