please help

I

immiadvice

Registered Users (C)
this was my query
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Hi all;
My current employer had submitted H1 renewal on Dec 31st 2002. My H1 expired 03-01-03. I have received RFE to submit my exact dates of employment in US
Question, I switched to current company in begining of Jan 02. My current employer had filed transfer of H1 from previous employer in Dec 11 2001. However, they filed incorrect fee of $1100 instead of $610 ($1100 became effective from December 18 2001) and therefore my application was rejected asking to resubmit the package with the correct fees (note i had already started the new job having no knowledge of all these from HR). The new package was submitted on Feb 2 2001 (reference was given to rejection notice) and received approval in April 2001.

WAS I OUT OF STATUS FOR JANUARY 2001????
Now in the reply to RFE, do I need to put LIN# AND IF YES HOW SHOULD I ACCOUNT FOR REJECTION NOTICE LIN

thanking you all
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jaxen replied that i should not be out of status. however jaxen i could not get other part of your reply ie withdraw H1 extension and apply for new H1. please therefore if you can clarify further.

as stated my H1 has already expired 03-01-03. On the other hand whats the next step if H1 extension gets rejected. FYI i am also doing my Ph.D.
 
What was the effective date of the I-94 you received when your previous petition was approved? That is when you were authorized to begin employment (on the effective date, which is usually the submission date). You probably should have worried about this when the previous "transfer" was pending. A year latter, you're pobably a bit late to get anything done with the dates.

Speak to your attorney.
 
Thanks for your reply.
The date is April 2001 (and not from Feb 2001, when resubmitted with correct fees) and I completely agree, I should have checked then itself. However, I have always gone according to INS rules and this was ignorance/bad luck.
Anyway. the thing that confuses me is they have kept same LIN#. ie on the acknowledgement and approval notice the LIN# is same as one on the application submitted in Dec 2000. Not only that the acknowledgement notice for second submission with correct fees, says Receipt date: December-2000, Notice date Feb 2001. Also, when they send notice of incorrect fee submission, we were give a separate specific address to send back the correct fees to. I assume that was so INS will be able to connect the application.

Please reply at the earliest.....i am really thankful for all your help...
 
Jim/Jaxen/gurus please help

please reply at the earliest...it certainly helps to decide on the direction

thank you all
 
dont expect the INS to put 2+2 together.

get a lawyer and ask him to file complete details of the time line withproof of filing..and show that it was an honest mistake.
 
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