Folks, thanks in advance for your help with this matter. I am on H1B. I filed 1-140/1-485 concurrently in december 2006 . Last week i got an RFE regarding my previous H1B employment. The fact of the matter is that after my residency in 2004, I got a job with a doctor who has three clinics. The clinics all belong to him and are located in different regions of the state. They have differernt names and tax id's. He petitioned for me using one of the clinics. The very first day I presented for work in July of 2004, he asked me to cover another clinic because the doctor there resigned. He told me that this clinic was listed as one of the locations I will be providing services in the H1b petition. I spoke with the lawyer who filed the H1B and he told me that it wouldn't be a problem. However the lawyer didn't tell me that this clinic was listed in the application. I guess that I should asked and may be demanded to see the LCA but didn't.
About a year later, the lawyer and my employer filed a petiton for ammemdment of the previous H1B. In a cover letter to USCIS my employer stated that he was filing the ammendment because he was paying me through the second clinic and not the first one. He further stated that he didn't know that he needed to file an ammended petiton since all the clinics belonged to him and requested that USCIS not view the issue as a violation of H1B requirement.
He also stated that the second clinicn was listed as one of my job location in the initial H1B. This ammended petition was approved in september 2005.
Last week, I got an RFE. The want to know if I worked for the first clinc or not. If I did, they want documentary evidence. If I didn't they want to know why? The further want to know if I maintained my non-immigrant status during the period. The issue is that I was paid through the second clinic which has a different name and located in a differnent region though listed in the H1b petiton per the petitioner.
They want the RFE replied by June 20th.
Please, I need your suggestions urgently.
Thanks in anticipation.
Jaymax
About a year later, the lawyer and my employer filed a petiton for ammemdment of the previous H1B. In a cover letter to USCIS my employer stated that he was filing the ammendment because he was paying me through the second clinic and not the first one. He further stated that he didn't know that he needed to file an ammended petiton since all the clinics belonged to him and requested that USCIS not view the issue as a violation of H1B requirement.
He also stated that the second clinicn was listed as one of my job location in the initial H1B. This ammended petition was approved in september 2005.
Last week, I got an RFE. The want to know if I worked for the first clinc or not. If I did, they want documentary evidence. If I didn't they want to know why? The further want to know if I maintained my non-immigrant status during the period. The issue is that I was paid through the second clinic which has a different name and located in a differnent region though listed in the H1b petiton per the petitioner.
They want the RFE replied by June 20th.
Please, I need your suggestions urgently.
Thanks in anticipation.
Jaymax