RFE. Am I screwed?

B

Bhavesh

Registered Users (C)
My attorney just recieved RFE document from CIS, They want evidence of my Lawful status from March-1997 to Match 1999.
My attorney requested copies of all my H1B receipts (I-797) for all my H1B applications between 1997-1999
In 1998 I worked for a consulting company for 8 months which is out of business now. I don't have H1B receipt nor I know the recipt# for the H1B I worked on for 8 months in 1998.
What are my options? How can I get the duplicate H1B reciepts?

Am I screwed?

Worried.

RD - 09/2001
RFE Issued - 02/04/2004
RFE recieved - 02/09/2004.

Thanks,
Bhavesh.
 
I think you are OK

Don't get depressed. Try to get hold of someone from your old company - employer or attorney, client .. someone and get your info.

I think, since its before 2000 Oct, you can apply for 245 and pay $1000 fine. Its only my opinion, PLEASE CONSULT YOUR LAWYER. I am not lawyer. These are the things I have heard sommone saying.


Goodluck
GoodHope
 
245(i) + $1000 fine

If you are not able to trace that old H-1 I think you would still qualify under the 245(i) law since I am sure you filed your application before April 30, 2001 and you were physically present here in the US on Dec 21, 2000.

If you do then you need to file 485a which I guess is an amendment for the 245(i) and a $1000 fine. So I guess you are OK and nothing to worry about.
 
I am just thinking what possible actions you can take :-

1. Ofcourse you will try to get the receipts. Try contacting old boss, where they kept the documentation. If another company took over your old company, the documentation should be with the new company.

2. Your attorney MUST keep a copy of H1 receipts. If you were using another attroney for H1B - contact him. He or She MUST have it.

3. Your passport and I94 indicate your legal status. The stamps on your passport indicate when you entered in the USA and on which VISA. You can make copy of that.

If you were legal here during that period, try finding the documentation or prove it whatever relevant documentation you have. Your visa should have H1B number on the passport.

254 is the last option. (not first...)
 
If you are having the initial H1, assuming that may be valid for the the period from 1997-1999.
Your passport also might have visa stamp based on this H1. Now your second H1 on which you
have worked only for 8 months,you have not revalidated your passport based on this H1.
So, I guess if your first H1 is ovarlapping the second H1,and if the first H1 was
good during that 8 months period, then you may be fine. This is just my 2 cents and I am
not a lawyer. You may confirm with Attorney/Senior GuRUs for validate this point.
 
You must log in or register to reply here.
Top