Intend to deny I-485

K

kbardan

New Member
I recently got an intend to deny letter for my I-485.

Reason :
H-1 Visa application approved December 15, 1999 and valid till December 15, 2002. I re-newed my H-1 and now it is valid till December 2005.

On February 2001 i left the country for a vacation and when i came back the officer stamp my I-94 for a validity till June 2001 while he was suppose to stamp for the validity of my H-1 at that time (Dec2002). And i never left the country since then.

They are saying that I wasn't authorized to work from June 2001 till January 2003 (thats when i got my EAD after filling my I-485).

I filled my I-140 round August 2002 timeframe.

Can anyone suggest what am i suppose to do.
 
If your LC was filed before April 30 2001, you can apply for 245(i). You'll have to pay $1000 as penalty.
 
Same problem

Kbardan,
My brother has the same problem.in 2001 POE officer Stamped his previous employers 797 dates instead of his current employers dates.
So he seems to be out status technically for about 9 months.He is not covered with 245 i as his PD is Sep 2001.In 2002 he made a trip to India and came back fine with the current employer.
We are going to consult an immigration attorney.Mean while I have consulted my company's immigration attorney (one of the top firms)about this and she says USCIS only cares about the status from the last entry in to the country and thats why they ask about the last entry information in the form I-485.We dont know how far this is true.will findout after consulting an out side immigration attorney.
Please let us know what your lawyer says.
 
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