I485 NOID - Urgent

[gcinlimbo]

I received I485 Notice Of Intent to Deny couple of weeks back requesting for my legal immgrant status from DEC 2006 to July 2007 when my H1B extension was pending. Here is the chronology of events dated back to 2006.

1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
2) In February 2007 my company got an RFE on my H1B extension.
3) In Mar/Apr 2007 my company replied to the extension with the requested information
4) In Apr 2007, my case was transferred to Seattle Local office
5) In June 2007, my I-140 got approved
6) I-485 became current in July 2007, and we applied
7) I started working for another employer in August and the H1B was approved in September.
7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
9) We later withdrew the application as she got her EAD approved and I-485 receipt
11) My old H1B that had an RFE was denied in Feb 2009 and I don't know the reasons for this and my wife's pending H4 as well.
10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.

Since my H1B was pending for this period, I am assuming that this will put me in legal status. What should be considered while replying this query? Does any one see an issue with my case?

Thanks in advance
gcinlimbo

 

[randy_gc]

It appears you don't have any valid status between Dec 2006 and Sep 2007. It would have been different if the H1 applied by the first employer was approved.

See a good lawyer to explore the options.

 

[justdoit]

Once a H1B extension is applied and pending, a person can live and work in US legally for 240 days past the H1B expiration while INS works on the case. [http://www.murthy.com/chatlogs/chat0426_P.html; search for "240"]
In your case, the H1B expired in Dec 06. 240 days is approx 8 months.
So, you can legally live in work in US based on that pending application until Aug 07. Your case finally did get approved in Sep 07. So, your stay beyond Dec 06 should be considered legal - since your h1b extension get did approved.

So, you were in status (H1) between Dec 06 - Jul 07 based on the H1 approved in Sep 07.

Now, if the H1b was denied; then you would be in invalid status between
Dec 06 (H1b expiration) - Sep 09 (EAD approval)


below copied from lawbench.com
http://www.lawbench.com/immigration-forum/1837/long-pending-premium-h1b-extenstion
I am sorry that your case is held up due to security background checks. That is not an uncommon problem these days and it can place you in a difficult situation.

You are correct that your employment permission is extended for 240 days until a decision is made on your H-1B extension. A problem arises if it takes the Service Center more than 240 days to adjudicate your H-1B extension paperwork. After 240 days, you are allowed to stay and wait for a decision, but you no longer have employment permission.

I do not think a new employer or new H-1B through a different Service Center should help if the delay is due to a security background check. The same issue should arise with your case.

Your company can contact a congressperson and have them request adjudication of your case. Other than requesting your case be adjudicated and try different approaches to get this done (congressional intervention may be most effective) I am not sure there is much else you can do.

Regards,

Andrew M. Wilson, Esq.
awilson@srwlawyers.com


Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com