I-485 RFE urgent

R

REF

Registered Users (C)
Hi,

I got RFE from INS Asking following documents
Please submit a copy of your W2s from Previous Company (Not Current Company) and Copy of the I129 showing the job location .It is noted the Eastern Service Center approved your H1 status, which should indicate the job location was in their jurisdication, yet you lived in California during that time?

Actually My company head office is located in newyork that's wise I got my H1B filed Vermont center then I got placed in california after 4 months I resigned that company I was Unemployee about6 month then I joined new company then I filed I-485 now I got above RFE
I have W2s for this company but I worked only 4 months is it okay if I submit? The address on W2s is California Address please guide me I would appreciate.

How to clear this RFE.

Thanks,
rfe
 
This is a very tricky situation. Your I129 should be for the location you lived. A lot of companies do not file a new H1 when the job location is changed(some change the LCA and not the H1) It may involve additional expense but the H1 is specific to the location

There are only two possible solutions for this.

1. Contact a very good lawyer which is the best solution.
2. If you were living in CA and working at the place where the H1 was filed for and you were using CA just to live (like a commuting job) may be it should be OK.
 
MonkMonk,

Thanks for Info

My W2s forms having California Address in that it will also provide the California state tax is it okay to Submit that one.

My privious employer is not co-operating he is not providing my I129 what I need to do at this stage I have experience letter
in that letter we had four branches one of the branch is in california.

I am confuse what to do I would appreciate If you could share this info
 
another red flag

i understand from your post that, after you resigned from your first H1 job, you were unemployed for six months, then joined your second H1 job, and only *then* filed your i485. so the period of unemployment was prior to your becoming an "adjustee". this might have made you out of status for those six months.

while in no way calling attention to this fact as far as BCIS is concerned, DO discuss this aspect with your lawyer. if the lawyer also thinks you were out of status, and that period was less than 180 days, section 245k might be helpful.

in any case, GET A GOOD LAWYER, and discuss all of the above with him/her.

good luck!
 
Pork Chop, thanks for Info..


Actually I don't think I will come under 245k those 6 Months unemployee(Bench Period) I have valid H1B , H1B was not revoked I checked with INS
 
My understanding is: even if the H1B was never revoked, the moment you quit or got terminated from the company that was sponsoring your H1B - you became out of status.
 
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