Out of status in 2002; since rectified by USCIS; I-94 not backdated

A

andhrasree

Registered Users (C)
I respectfully request you to kindly provide your valuable insight
into my immigration situation.

********************************************
Came to US on Company A's L-1 in May 2002. Status tranferred to
Company B's H-1B in Jan 2003. Not realizing that the status was
tranferred, I continued to work for Company A until September 2003,
i.e., greater than 180 days. Realized the mistake and got the status
transferred to a H-1B under Company A. When USCIS
reinstated/transferred H-1B status back to Company A, they did not
backdate the I-94. Since then, never violated the terms of a
non-immigrant visa. H-1B transferred to Company C in November 2004.
Left US and reentered in 2006 (a very short vacation; had to take Visa
at Chennai Consulate because of expired Visa).

I have never been on bench, i.e., without salary for even 1 day. I have all payslips, W-2s, Tax returns, etc.

Do you see any problems with my I-485 that was filed recently ?

********************************************
 
Dear Everyone,

Can any of you please help with my situation ? Any assistance is greatly appreciated.

Regards,
Andhrasree
 
andhrasree said:
I respectfully request you to kindly provide your valuable insight
into my immigration situation.

********************************************
Came to US on Company A's L-1 in May 2002. Status tranferred to
Company B's H-1B in Jan 2003. Not realizing that the status was
tranferred, I continued to work for Company A until September 2003,
i.e., greater than 180 days. Realized the mistake and got the status
transferred to a H-1B under Company A. When USCIS
reinstated/transferred H-1B status back to Company A, they did not
backdate the I-94. Since then, never violated the terms of a
non-immigrant visa. H-1B transferred to Company C in November 2004.
Left US and reentered in 2006 (a very short vacation; had to take Visa
at Chennai Consulate because of expired Visa).

I have never been on bench, i.e., without salary for even 1 day. I have all payslips, W-2s, Tax returns, etc.

Do you see any problems with my I-485 that was filed recently ?

********************************************
Click to expand...

Think that you never worked or applied the H1 from Comany B. You never over statyed. and re-entered after new stamping. So my take is you do not have any problem
 
Thanks much, Tammy2

Dear Tammy2,

The issue that bothered me was whether company B cancelled my H-1B prior to getting the H-1B transferred back to company A. The likelihood is that company B may not have cancelled my H-1B in 2002 and I may not have accrued unlawful presence. My assumption is based on the fact that if I indeed trigerred any bar to reentry, I would not have been able to reenter US.

When you get a chance, would you kindly review and let me know your comments please.

Again, thanks much for your response.

Regards,
Andhrasree
 
andhrasree said:
indeed trigerred any bar to reentry, I would not have been able to reenter US.

Regards,
Andhrasree
Click to expand...

Since you did not join the company B there should not be any problem. If Company B did not revoke the H1 it is not your problem. I assume that Your L1 was valid until September 2003
 
Thanks for your response, number30.

I am unsure if company B withdrew the H-1B petition. I only have a oral reply that they did not do. This is my biggest concern.

When I entered US in May 2002, at the port-of-entry, my I-94 was identified as "L-1B until May 2005".

Once again, many thanks for your time. Greatly appreciated.

Respectfully,
Andhrasree.
 
Hello Number30,

Thanks for bringing it up. Please see details below.

Initial entry to US on L-1 (company A): 12th May 2002 (I-94 valid till 06 May 2005)
Status change to H-1B (company B): 28th Jan 2003 (I-94 valid till 14th Jan 2006)
......continued employment with company A.........never worked for company B......Don't know for sure whether company B revoked H-1B petition because I never took the employment up
After realizing the mistake, Status change to H-1B (company A): 24th Oct 2003 (I-94 valid until 10th Sep 2006)
Status change to H-1B (company C): 12th Dec 2004 (I-94 valid until 13 Jan 2007)
Travel to India: 30th December 2005
Took a new H-1B visa stamp in passport, on 17 Jan 2006
Reentry to US: 25th January 2006
Travel to India: 25th February 2006
Reentry to US: 7th Mar 2006
Travel to India: 30th Jul 2006
Reentry to US: 7th Aug 2006
H-1B extension (company C): 13th January 2007
H-1B expiry date (full 6 year term): 23rd June 2008

Can you please help ? If I inadvertently missed any details, please let me know.

Respectfully,
Andhrasree.
 
In addition to number30, people like RealCanadian, Unitednations, etc., can you please spare a few minutes of your time for an alien who committed an honest, innocent mistake.
 
USCIS looks at "Last action taken" as your status. The only thing that matters is you present H1B with Company C. You are reading way too deep into this. With respect to your I-485, I'm not sure if they would go that far back as far as the W-2's etc. are concerned.

You might want to change your question and ask about how far back they ask for W-2's?
 
Thanks for the clarification.

My concern stemmed from the fact that while entering information on G-325A, I did not mention anything related to company B (truthfully, since I never took the employment with that firm), but I was asked to include ALL I-797 with my petition. Therefore, I included company B's I-797 as well.

When USCIS compares the information entered in I-485 vs. G-325A (and I am told by Lawyers that they will), they will notice the discrepancy between employment history available as proofs through I-797s that were included vs. information that was entered in G-325A. Could this lead to an RFE and a possible denial because of the discrepancy to exist more than 180 days?

Isn't the "Last Action Rule" a ruling that determines non-immigrant's status (more of a remedial action), while there are other laws governing adjudication related to Adjustment of Status petitions ?

Respectfully,
Andhrasree.
 
Hello Everyone,

Can someone please help. I have submitted every possible information that I have with me. Please.

Respectfully,
Andhrasree
 
Hello,

Can anyone please respond to my concern, when you get a chance. All that I am asking is that I happen to unknowingly indulge in a status violation > 180 days during my earlier stay, but left and re-entered US subsequently. Never violated status since that one-off instance and therefore, would that constitute any ground for denial.

Respectfully,
Andhrasree.
 
You must log in or register to reply here.
Top