RFE for details of entry

A

APAR

Registered Users (C)
RD: 10/26/01
ND: 11/21/01
RFE: 03/03/03

Rfe was for three things.
1. Employment verification
2. Birth Affidavit
3. Details of entry into the US

It is the third one I am concerned about. Filed our 485 soon after coming back from a trip home. Already working for a different company(with valid H1) but had an older Visa stamp in the passport. The officer at Port of entry did not see the latest H1 and gave an I-94 based on the Visa stamp, which was expiring pretty soon. Filed for extension of stay and got a new I-94.

The rfe speficially mentioned that it appears I entered on a VISA for a company that I was not working for.

Guys, can you please advise on what is the best way to answer this? Does it look dangerous enough to deny? My lawyer is not very responsive and thinks it is no big deal.
Your opinions/experiences are appreciated.

thanks
 
apar

can you post the exact wording for item#3 of your RFE. and give us more details.

I got a similar RFE, lawyer replied explaining the facts. waiting for approval.

thanks.
 
Details

"Give ALL details of your August 17, 2001 entry. It appears that you were working for XXX at that time, yet entered on the visa for YYYYY"

BTW, is yours approved yet?

Thanks
 
waiting

my lawyer sent the paperwork last Thursday, so waiting to hear from them.

will post once i hear something.

did you travel after you filed I-485 too?

thanks.
 
did it say, it appears that you entered on aug --- 2001 using the approval notice of company xxx while in your G325A you mentioned that you stopped working for them on date so and so. please explain and submit additional doc.
 
Suren11,
Would you post the exact wording for RFE of Employment Verification? This would help others as well for preparation.

Thanks,
Kev
 
e-mail

apar, your e-mail is not enabled. i am not able to send you any message.

thanks.
 
At the back of the I94 you recd. on reentry, the officer would have endorsed "Employed authorized with <Company name>" (or something to that effect). Does the company name refer to XXXX or YYYY?

In your RFE reply, you can simply state the fact that you changed jobs (based on an approved H1 petition and attach a copy of the relevant H1 approval notice). If the officer at POE wrote the name of the old company on I94, then maybe you should also point out that this was an error on part of the officer (I believe your new H1 approval notice was dated prior to your reentry into the US). If the I94 states the new company name, I dont see any problem at all.

I dont think it is a big deal.

KS
 
i-94

the i-94 that you have in the passport doesn't have the name of the company written. at least mine doesn't.

i have seen other postings from people with similar errors.

apar, is your H1 approval notice approved before aug 2001?
 
Will post the exact wording for employment RFE later tonight(don't have it on me right now).

As far as I-94 goes, he did not write anything on the back. The H1B was approved and I started working in Oct 2000 itself. The officer at Port of entry did not look at the H1 papers at all. I did not show him the papers b'cos he did not ask. He just looked at the Visa stamp in the passport(which mentions prev. employer) and used that expiry date(Nov 2001) for the validity of I-94 as well. When I informed the lawyer, they filed for an extension of stay and got it too with a new I-94 valid upto July 2003.

thanks
 
I am not sure how INS will consider your case

Since you stamped your visa with Company XXX after you got the approval for YYY INS might consider that to be invalid. The latest approval/notice is always valid all old ones are invalid. But since you applied in the US to extend you I-94 INS might consider you as a employee of XXX till that approval date. So if you worked for YYY till your extension it might create issues. Since your case is quite complex please contact your attorney for advice and response to the RFE.

Note: Whats stated above is my opinion and should be used as a legal advice.
 
Thanks GC_Await,

But I did not get the stamp after I started working for YYYYY. I was just using an old Visa stamp (which I think is perfectly legal). My mistake is that I did not spot the officer's mistake right away.

thanks

RFE for employment wording:

"Submit a currently issued letter or other evidence from the prospective permanent employer that indicates your current position, if any, your proffered position, and proffered wage and indicating that the terms and conditions of the employment petition continue to exist"
 
apar

what is your lawyer's response?

can you post the exact wording for the details of entry to the US.

thanks.
 
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