I need help/advise from you guys in this forum.
SRC-01-280-xxxxx
RD: 8/01
ND:9/01
FP:6/03
RFE:3/04
Background on my case.
I had H1 with Employer A valid from May 1998-May2001.
Quit Employer A and joined Employer 2 in Aug 99.
Employer 2's H1 was from Jun 99 to Jun 2002.
Went to India in March 2000 and when I re-entered US, used the H1-B Visa of Employer A (which was still valid at that time).
I-94 issued at Port of Entry, had the validity date till May 2001, which overrode the the employement extension I had from Employer B.
485 was filed in Aug 2001.
Now INS is asking what was my legal status from May 2001 to Aug 2001.
According to my lawyer, since the I-94 issued at the port of entry had validity only till May 2001, it overrode the I-797 I had from Employer B which was valid till Jun 2002. Ideally the I 94 issued at the port of entry should have been upto Jun 2002. So i was not in legal status from May 2001 to Aug 2001 and he is asking me to file a 245-i waiver along with the RFE.
Don't know what my options are.Please advise.
SRC-01-280-xxxxx
RD: 8/01
ND:9/01
FP:6/03
RFE:3/04
Background on my case.
I had H1 with Employer A valid from May 1998-May2001.
Quit Employer A and joined Employer 2 in Aug 99.
Employer 2's H1 was from Jun 99 to Jun 2002.
Went to India in March 2000 and when I re-entered US, used the H1-B Visa of Employer A (which was still valid at that time).
I-94 issued at Port of Entry, had the validity date till May 2001, which overrode the the employement extension I had from Employer B.
485 was filed in Aug 2001.
Now INS is asking what was my legal status from May 2001 to Aug 2001.
According to my lawyer, since the I-94 issued at the port of entry had validity only till May 2001, it overrode the I-797 I had from Employer B which was valid till Jun 2002. Ideally the I 94 issued at the port of entry should have been upto Jun 2002. So i was not in legal status from May 2001 to Aug 2001 and he is asking me to file a 245-i waiver along with the RFE.
Don't know what my options are.Please advise.