RFE Need help

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wasapproved

Registered Users (C)
I got RFE of my 1-485 questioning about my legal status and to send Passport copy and my Front and back of I-94. They questioned particularily about my previous entry since thats the last entry before applying my AOS(I-485).
Below are my details :
I'm in US with H-1B Status and working for company-A, Got new H1 with Company-B. Went out of country and while coming back shown approval notice of Company-B H1 with Visa stamping of Company-A.
Officer gave me file and sent inside offcie. Their they questioned about my previous stay. I shown all my Company-A paychecks, Employment letter and H1 of Company-A.
Oficer has given I-94 and allowed me inside USA, but the I-94 was given for Company-A Validity. At that time i didn't observed it.
After coming inside found the issue, when i checked with my employer of Compnay-B they said i can use the I-94 which i got with my Company-B H1 approval notice.
Before the I-94 given by POE was going to expire i sent my passport for Visa stamping along with Company-B H1 approval notice and I-94. USCIS stamped my passport and returned the I-94 i had along with my H1.
Recently i went out of country and came back on AdavanceParole and had latest I-94 with AOS.

As far i know i was never illegally stayed in USA. Have my all Paycheks and have all my valid H1s along with me.
Only concern i have here is the officer giving I-94 of Company-A while i have valid H1 for Company-B, but to be legal i sent my passport to USCIS asking for stamping and also got another valid H1 after this issue.

Is their any issue with my legal status? If so what can i do now?
 
Hello wasapproved,
There is a lil grey area in your immi history. You entered on company A, but worked for company B. These kinda things are not clearly written anywhere. I would answer this through a good lawyer. Wish you all the best
babu.
 
NUTS,....I have done this many times,,,the stamp in the passport has nothing to do with your work visa,,,,no problems there
 
Problem here is with I-94, not Visa stamp. I have valid Visa stamp bit confusion is about I-94. At POE i got I-94 with Company-A Period which will expire early them Company-B I-94. In my hand now i have 2 I-94 one given at POE which will expire early and other which i got with my H1.

Recently i came to know that, if I-94 is given at POE, earlier I-94s are not valid.
Worrying about I-94 issue.
 
That is correct. Most recent I94 is the valid one. I had a similar issue. Last
time when I travelled out I had 2 H1B. First H1B and an extension to it. When
I came back there was abt 4 months left in old H1B. At POE they gave me
I94 valid only until the old I94. We found it only after the POE I-94 expired.

Atty told me to go out of country and stamp and come back or amend the H1B once more.

Consult an atty bro.
babu.


wasapproved said:
Problem here is with I-94, not Visa stamp. I have valid Visa stamp bit confusion is about I-94. At POE i got I-94 with Company-A Period which will expire early them Company-B I-94. In my hand now i have 2 I-94 one given at POE which will expire early and other which i got with my H1.

Recently i came to know that, if I-94 is given at POE, earlier I-94s are not valid.
Worrying about I-94 issue.
Click to expand...
 
What does "amend the H1B " means?
Is that same as sending H1B for stamping to USCIS? In that case i also send my H1B to Stamping along with I-94 atached to h1B. USCIS stamped visa and returnd back the I-94 attached to h1.
After this Company-B H1 expiration applied one more H1B and got I-94 along with the H1B.
 
Amend means pretty much applying an H1B extension, except the expiry
dates remaining same. Just show that there is some changes in job responsibilities or duties. ( I think
there is a column somewhere in H1B form where you say new application or extension or amendment.
When you change your role/duty in an organization you have to amend your H1B legally. Now atty
used this way to update my H1b by adding couple more responsibilities. But the purpose was to
fix I-94 )
When you update that you get a new I-94 which
will put your status okay again ( according to my attorney. Murthy is my attorney. I'm positive that they know what they are doing).

For visa stamping you send that to DOS and not USCIS. Please note
that your I-94 dictates your legal status and not VISA stamp.

good luck
babu.

wasapproved said:
What does "amend the H1B " means?
Is that same as sending H1B for stamping to USCIS? In that case i also send my H1B to Stamping along with I-94 atached to h1B. USCIS stamped visa and returnd back the I-94 attached to h1.
After this Company-B H1 expiration applied one more H1B and got I-94 along with the H1B.
Click to expand...
 
Last edited by a moderator:
Is there any way to come out of the issue? My Company attorney is working on the issue but i dont trust him much.
Any one in this type of case had succesfully got GC?
 
Looks like your I-94 was valid all the time. I-94 is given for a period, and your never expired you are always in status. Don't make an issue where there is none.
 
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