I485 RFE and hire date issue .. Need advise

G

gc@vsc

Registered Users (C)
Hi All ,

I have received the notice for additional information needed for my I485 today . USCIS has requested me to provide details :

1. Employment verification letter
2. Fed tax forms , W2 forms for last 2 years .
3. H1B approval notice , to show that i maintained a valid non-immigration status from last 5 yrs .

i have all of them but while drafting my EVL . i noticed that ,i have some issue with hire date. as all my immigration petitions (Labor , I140 , I 485 )have a different hire date than the company records . i.e

in OCT 2000 , i have received approval notice from new company (say B ) . i have not joined this new company till Feb 2001 . i had my Old company visa till Sep 2002 . due to some mistake with Attorney of New Company B , all my hire dates are Oct 2000 .

with the request for EVL , USCIS will know that my actual hire date is Feb 2001 . Does this Have any effect for my i485 approval? What I need to do next ?

Any suggestions are greatly appreciated ...
 
I been for more than ~6 yrs in USA and reason for need of 5 yrs H1b approval .. i am not sure but my bet is that, my last I-94 issued at Port of entry expired in 2000 .
 
gc@vsc said:
Hi All ,

I have received the notice for additional information needed for my I485 today . USCIS has requested me to provide details :

1. Employment verification letter
2. Fed tax forms , W2 forms for last 2 years .
3. H1B approval notice , to show that i maintained a valid non-immigration status from last 5 yrs .

i have all of them but while drafting my EVL . i noticed that ,i have some issue with hire date. as all my immigration petitions (Labor , I140 , I 485 )have a different hire date than the company records . i.e

in OCT 2000 , i have received approval notice from new company (say B ) . i have not joined this new company till Feb 2001 . i had my Old company visa till Sep 2002 . due to some mistake with Attorney of New Company B , all my hire dates are Oct 2000 .

with the request for EVL , USCIS will know that my actual hire date is Feb 2001 . Does this Have any effect for my i485 approval? What I need to do next ?

Any suggestions are greatly appreciated ...
Click to expand...
Correct the mistake now atleast. send the notorized letters yourself and also your attorney stating that it was mistake done in filing and not that you mentioned that intensionally. I was in same situation and my attorney knew that it was her mistake, she was thinking that USCIS will ignore it and sent the H1 approval notices, when they sent RFE. My I-485 got denied. then we filed I-290 A with all the paperwork(W2, Paystubs, employer letters), which shows that when i started with new company and when I completed with my old company etc. with exact dates, and sent notorized letters one from me and one from my attorney. I accepted my mistake that I overlooked when i signed labour and I-485 paper work. My attorney accepted her mistake that is was type on her part. then after applying 290 a, within 3 weeks I got approval. So ask your attorney to fix it at this point. otherwise unnessary tension and risk.
 
gc@vsc said:
in OCT 2000 , i have received approval notice from new company (say B ) . i have not joined this new company till Feb 2001 . i had my Old company visa till Sep 2002 . due to some mistake with Attorney of New Company B , all my hire dates are Oct 2000 .

with the request for EVL , USCIS will know that my actual hire date is Feb 2001 . Does this Have any effect for my i485 approval? What I need to do next ?
Click to expand...

Were you working with your old company (company A) from Oct 2000 to Jan 2001? If so, you are fine regarding your status in that period (or in last five years for that matter). Otherwise you were out of status for that period.
 
Thank you "kamvp" for your reply

Thank you "kamvp" for your reply. i will do as you have advised . i still can't comprehend my self as why i have over looked my petitions while signing them . even though i am with same law firm with which by labor , i140 , i 485 filed but the attorney had changed while filing for I140, I485 . i learned a good lessen (hope and pray.. it will not turn out to be a bad ) ... never to sign any documents with out cross checking the facts on it . i had a blind faith on this firm because its one of the top 3 law firms in USA but human error can not be overlooked . thank you once more kamvp .
 
pralay said:
Were you working with your old company (company A) from Oct 2000 to Jan 2001? If so, you are fine regarding your status in that period (or in last five years for that matter). Otherwise you were out of status for that period.
Click to expand...

I been working with my old company (company A) till Jan 31 st 2001 and joined my new company (company B) on Feb 2 2001 . i have experience letter from Old company A till the last date and i think i have pay stub ( i hope ...) .. does "one day" makes any problems ???
 
gc@vsc said:
I been working with my old company (company A) till Jan 31 st 2001 and joined my new company (company B) on Feb 2 2001 . i have experience letter from Old company A till the last date and i think i have pay stub ( i hope ...) .. does "one day" makes any problems ???
Click to expand...


In that case you are perfectly fine. Reply RFE with the those supporting documents which are "enough" to prove your status. Sending too many documents will only confuse adjucating officer.

1. Send all the I-129s that covers your five years.
2. Send all the H1 visa stamps that covers your five years.
3. If you have copies of I-94s, send those which covers your five years.

You don't need to correct any previous mistake or record. Give them what they want - nothing more, nothing less.
 
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