RFE : LegalStatus. Gurus Need help

S

sairao235

Registered Users (C)
1) Came on Company-X in April 1998 Waited 4 Months on Bench.
2) Changed to Company-Y went out of Country in Sept 98 for Stamping
3) Got rejected in Mexico for H1 Stamping and went to India got it Stamped
and came back in Nov 1998.
4) On Project with Company-Y till May 1999 and came to Bench. waited for
project.
5) While on bench applied for H1 thru Company-Z and H1 approved in Sept
1999 but i never recieved H1 from Company-Z.
6) Went to India in Nov 1999 and came back on Company-Y H1 in March 2000
7) Started working for Company-Z and got Stamped while in USA with
Company-Z in May2001
8) Compnay-Z processed my GC and i'm with them till my I-140 approved
9) Switched to Company-K using AC-21 after 9 months of i-485 receipt date.

No where i'm here with out Valid H1 or expired I-94 and More then 6 Months on Bench.
Only issue i saw here is Came to USA on Company-Y H1 in March 2000 and worked for Company-Z. This was also not intentional. While going to India told to Company-Y and while coming back to USA also i informed them. But after coming back i got project with Compnay-Z and started working with them. Also told to Company-Y about this and they are also OK with it.
Last i went to India on AP and came back in March 2007.
Now i got RFE with Legal Status and proof to send all Passport Copies.

Is there any thing i need to worry about my legal status?
What steps i need to take to not get any denial on my case? I'm with big compaany and Companys attorney taking care of RFE.
I may not get much help from the Comapny, since its big company they may dont care about me. I have to take care of my self.

Gurus please help me in prociding valuable suggestions.
 
It depends on your luck

It all depends on your luck. If the IO is a kind person, you could get away with producing I-94s and I-797s. If he is asking for W2s and pay-stubs, you might be in for some trouble. It is being said that once you go out of the country and come back, your out-of-status or visa term violation is not counted and they will look only for your legal status since your last I-94 before AOS. But that is a grey area. They can look at your entire immigration history and any violations if they want to. You present documentation for only what is asked for and pray god that everything goes fine.
 
I didn't have RFE with me but my Attorney said it was about Legal entry to USA and need to send full copy of Passport.
 
Chat User : If one has applied for two H1B visas and also got them approved, how much later can he decide which one to take? Can it be decided after getting stamped?

Attorney Murthy : Well, by law, one must join the employer within 60 days of the H1B approval notice start date, or within 30 days if the person is entering from abroad. At the time of applying for the H1B visa stamp, and at the time of entering the U.S., the consular officer or the CBP inspector is presented with legal representations of one's intent to work for the H1B-sponsoring employer based on showing the particular approval notice. So you need to decide and stick with the decision to avoid potential fraud allegations down the road, among other considerations.
 
How can we come out of this situation? Is there any way i can avoid denial? Please help me. I'm here for last 9 years dont want to get denial now.
 
I don't know exactly what kind of RFE you got. Unfortunately you are in a wrong position. I have a friend who had gone through the similar situvation and got denial and wnet to Canada for three years. He has to staty out of US for three years based on number of months he is in out of status when he was in US.

Here are the details of his case. He had H1 with Company A has remaining validity of six months and he filed another H1 with company B and got approved before he went to india for vacation.

He cmae back with Company A h1 and got I-94 for the remainder of period on that H1. Once His I-94 got expired he started using the new H1 and started working to the new company B for 6 months and later he changed to Company C H1 and applied greeen card with Copany C and filed 485. After One year on 485 status he left company C and used AC21 to join Company D.

Then he got RFE in his 485 before approval asking him about the illegal status he was in when he had used his Company B H1 for 6 months period. Hiis Company CEO is a friend of a Senator and his company asked his help. Also the person contacted Shiela Murthy and Shusterman for legal advise.

They have mention that before September incident they used to approve these kind of cases, but they are not approving any cases if they see a small issue.

The rule shusterman mentioned that if you went out of country and if use a H1 at port of entry that is the only H1 Valid and all other H1's are voided after that point. You have to apply a new H1 to keep your legal status before your I-94 expires/ or the H1b you have presented at the port of entry expires.(* I-94 is generally the validity of your H1 you have presented at the port of entry).

This is all depends on the RFE you have got. If the RFE is simple asking some other evidence then you are fine and you will get approval. Hope for the best and best of luck.
 
Here is my situation :
Comany-Y Visa is valid till 01 May 2001 and Company-Z visa is valid from 9/1999 thru 04/2002.
Went out of country on 11/1999 and came back on Company-Y Visa on 03/2000 and I-94 was given till 01 May 2001, but i still got valid I-94 of Company-Z. I worked with Company-Z.
Since my I-94 is only till 01 may 2001 i sent my passport for Stamping while i was in USA and asked for New I-94 they stamped my Passport which is valid from 01/ May 2001 thru 04/2002 and they told me i can use the I-94 which i have attached with my H1.
After 04/2002 Got another H1 with Company-Z which is valid from 04/2002 thru 2004 and the Company-Z sponsored for my I-485. If i need any help hopefully i can get from Company-Y and Company-Z also.

Am i still in problem? If so how can i get out of this?
 
If you can prove this " Since my I-94 is only till 01 may 2001 i sent my passport for Stamping while i was in USA and asked for New I-94 they stamped my Passport which is valid from 01/ May 2001 thru 04/2002 and they told me i can use the I-94 which i have attached with my H1."You are good

Specialy " they told me i can use the I-94 which i have attached with my H1 "
 
Greencard999 said:
The rule shusterman mentioned that if you went out of country and if use a H1 at port of entry that is the only H1 Valid and all other H1's are voided after that point. You have to apply a new H1 to keep your legal status before your I-94 expires/ or the H1b you have presented at the port of entry expires.(* I-94 is generally the validity of your H1 you have presented at the port of entry).
Click to expand...

Gurus please correct me if i'm wrong on this one. If the above is true, there will be lot of people in trouble. There are lot of people on company X H1b visa stamped on their passport and have I-94 valid till that period. Then they transfer H1B to company Y work for them after sometime they travel to india and when they entering US they showed the old company X H1b stamped on the passport still valid to enter US as they don't have the new company Y H1B stamped on their passport.
As per the above statement the ppl who entered through that way should go and work for the old H1B company that is X or transfer H1B again to the new company Y again to keep the legal status. Is this th way it is? I'm confused. Gurus please shed some light, sairao235 my apologies if this deviating the discussion of this topic. I think the clarification on this one will be helpful to lot of people

Thanks

Kalatta
 
It's OK to reenter on old H1b

Hi Kalata
The scenario you described , is legal.Myself and my wife had changed h1B,I got it stamped but my wife did not as her H4 was still with old co.They stopped us on port of entry,did investigate and then supervsor let me go but adviced that I should get it stamped before it expired.
sairao
First relax it's not a big deal as it seems.I have seen some cases like that.After u change the H1B from A to B then B to c then c to a then a to z . The equation becomes so complex that it beyond the comprehnsion of IO.try to speak "kachha papad pakka papad" :D :D :D several times and you will get the answer.My only advice is give as many paychecks and as many W2 possible.Make it bulky.Now with these many papers and such complex equation, the IO will think you are OK.Believe me we have done it.
Thanks:D :D :D



Kalatta said:
Gurus please correct me if i'm wrong on this one. If the above is true, there will be lot of people in trouble. There are lot of people on company X H1b visa stamped on their passport and have I-94 valid till that period. Then they transfer H1B to company Y work for them after sometime they travel to india and when they entering US they showed the old company X H1b stamped on the passport still valid to enter US as they don't have the new company Y H1B stamped on their passport.
As per the above statement the ppl who entered through that way should go and work for the old H1B company that is X or transfer H1B again to the new company Y again to keep the legal status. Is this th way it is? I'm confused. Gurus please shed some light, sairao235 my apologies if this deviating the discussion of this topic. I think the clarification on this one will be helpful to lot of people

Thanks

Kalatta
Click to expand...
 
srirao235 - The RFE you received is a very common RFE - to prove legal status for the past years that you stayed in USA....

But, remember, as per law 245(k) - any status violations prior to your last re-entry in USA (before filing I-485 ie. Sept 2003)....are completely disregarded......

So, U only need to prove that your legal status is valid - from the date you last entered USA before Sept 2003....

The visa stamp is immaterial - H1B visa stamp on the passport....As far as USCIS is concerned and CBP (Customs/Borded/Protection) is concerned...it's just a visa H1B stamp - even though it may show the name of a Company on it....the company name is immaterial...

e.g Let's say - you were in your home country applied for H1B through Company A in March 2000 and got H1B approved in April 2000 and you went for visa stamping in May 2000 and got approved...now you are all set to come to USA...but for some reason just decided to wait to come to USA...

Suddenly, let's say another company B decided to file H1B for you and it got approved in July 2000...

Now, in Aug 2000, you want to come to USA ...what do you do?
Option 1 - Come into USA with the H1B visa stamp for Company A and directly work for Company B

Option 2 - Like a good boy, U go back to Consulate in your home country and tell them you want visa stamp for Company B now .....They will give you a big kick in your ass and ask you go to go ahead and use the H1B visa stamp and never bother them until 3 years are over on H1B - or if you change your status from H1B (to like F1 etc)


In fact, even for visa re-stamping (after the 3 years on H1B expire) - USCIS clearly tells you, let's say your H1B expires in June 2003, - that you should not even send the passoport to them 6 months before (i.e. Jan 2003).....If you send it for stamping before Jan 2003...the will just return it....

So, the morale of the story is - H1B visa stamp is independent of any company!
>>>>>>

USCIS only asks for Passport Copies and I-94 copies...to prove legal status...

The only thing U need to make sure...is that you never stayed in USA with expired I-94...which in your case is TRUE...

So, relax and enjoy....Reply to the RFE at your earliest....Some stupid lawyers take 2-3 months....because most likely the visa number has already been assigned to your 485 and you should get your 485 approved in 2 weeks or less....from RFE response date.....
If you delay your response, there may be a slim possibility that they run out of numbers and you may get approved in the next Fiscal year or so, depending on your PD!
 
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Thanks for your replies.

I'm really scared but seeing the replies now i'm little confident. Attorney's are busy till 17th in doing new I-485s. They really dont take with existing ones. They said they will document my details after 17th.

Can you make one thing clear :
At the time of Port of Entry Immigration officer questioned me and asked about my company. I didn't told about Company-Y which i'm supposed to work. Officer had marked Compnay-X on my back of I-94. And after coming in i worked for Company-Y.

Is it still OK with my status?
 
Check out this site,


http://www.greencardlawyers.org/ans...tml#Visa_Revalidation_and_Change_of_Employers


Visa Revalidation and Change of Employers

If you have a valid visa in the appropriate category but have changed your employer since the issuance of your visa, you do not need to get a new visa just to reflect the name of your current employer. You may reenter the United States by showing your visa (even though it shows your previous employer) and the valid I-797 Notice of Approval from your new employer. The State Department’s Visa Office will not revalidate a visa to reflect a change of employer unless the visa will expire in sixty days or less.

>>>>
Hopefully, that clears your confusion....the answer to your question...yes, it's perfectly legal to work for Company Y with Company X visa stamp used at re-entry...

>>>>
Eligibility for Visa Revalidation
If you hold a visa in the E, H, I, L, O, and P visa category, you may apply for visa revalidation in the same visa category without leaving the country. This process is called revalidation, reissuance or renewal of your visa. The revalidation application is sent to the U.S. Department of State’s Visa Office.

To be eligible for visa revalidation, your visa must have less than 60 days of validity, or be expired for less than one year. If you send your visa for revalidation with more than 60 days of validity, or if it has been expired for more than one year, your visa will be returned without revalidation. You must also have the same nationality as when your previous visa was issued.
 
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Hi Guys,

The issue is not with Visa related. The issue is related to validity of H1. If you have several H1's before you wnet to foreign country and only presented one H1 at the port of entry, that is the only H1 is valid moving forward. All other H1b's are voided. You need to reapply H1 before your Current H1b is expired with what ever the company you plan to work moving forward. If you apply four H1b's with four different companies all four H1b's are valid until you stay in the country.

The H1B's voided when you leave the country and comeback and present only one H1 at port of entry. Only the H1 you have presented at the port of entry is valid. This is the exact same case my friend gone through and he contacted senators and he got legal advice from Murthy and Shusterman.

Please try to get legal advise from a reputed attorney either Rajiv or any other attorney and don't speculate for this issue.
 
--> Nothing like that. Visa (On your passport) and I-797 are different. You can travel with a visa from your previous employer and come in and start working with the other employer for which you have an I-797 but no visa stamp in your passport. POE will look only at the H1 stamp in the passport and nothing else. If you give your brand new I-797, POE officer will put that expiration date on the I-94 or else the officer will put the date in the H1 visa in I-94
 
Suprising, how dumb some people are in this forum.....must be guys in the first 1 to 3 years of H1B period...

ask us veterans....having spent years and years on H1B....
I concur with June1506....the company name on the H1B stamp is never relevant...your status is based on I-94 and the H1B Approval notice....
 
Lets agree with u Banta.
In my case Company_y have H1 valid Till 03/2001 Company-Z have valid till 03/2002 and have I-94 along with H1.

I came on Compnay_y H1 and I-94 was given till 03/2001.
90 days before 03/2001 i send my Company-Z H1 for Visa stamping and requested for I-94. I got stamped valid till 03/2002 and reply i got is I-94 cant be given there i can use the I-94 i have with the Company_z H1.
In 04/2002 i got another H1 along with I-94. When i sent this new H1 for stamping with in USA didn't got stamped, reply got is i have to go out of country and stamp it. I never went out of country since i have my I-94 at this point.
Is there anything i have to worry about the period from 03/2001 to 04/2002?
 
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I think you are ok.

Your H1B stamping is necessary to reenter US. As long as you join other company (with approved H1B and I-94) before the first company I-94 expires you are ok.

They stopped H1B revalidation in US some time back and we need to get it stamped only in the home country.

But as long as you stay in US you can change companies with valid H1B and I-94's. I entered with company A (with passport stamped) and started working with comapny B after I got H1 for Comp. B(with H1B&I-04). Then visited home country (after 1year) and got Comp. B visa stamped. After few months, again changed to company C, applied GC and on my next trip to home country got it stamped. Now working with Comp. C from the last 6 years. Still on Comp.C H1-B (8th year).

You need to get your passport stamped with the working company only to reenter US. You don't need to get it stamped as long as you are in USA as they stopped revalidation of H1's in USA.

My 2 cents.
 
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