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?
 
I dont see any problem with your legal issue. As far as I know you can enter with the previous company visa and work for the new company with their a H-1 approval notice. As your last entry was using AP so your new I-94 has Parolee stamp. so the earlier h-1 issues does not matter. Also the paroled stamp has a validity of one year but it does not matter as long as your AOS is pending.
 
There might be some problem for you????

wasapproved said:
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?
Click to expand...

When you last entered last time you should enter on Company B's H1. Your employer mislead you. When you last entered on Company-A's H1 untill its validity, your Company-B's H1 extension became invalid as you got a new I-94, which is different from what was on your Company-B's H1.
 
Reply to your RFE with all your documents/proofs which shows that you'd maintained legal status all the time. You should point out that the officer at POE did mistake that he had issued I-94 until the validity of Company A's H1 instead of company B's H1. I hope you had shown the company B's H1 at POE. If not then it's your mistake. You should have checked it at that time itself and fixed that issue. Anyways...please respond to your RFE with some good attorney.
 
If I-485 is denied based on this, is there anything i can do to win my case? I know its my mistkae of not seeing it there. I'm sacred whne officer send em to other room and asking lot of questions.
When ever they stamped I-94 i didn't stopped their even for a minute, only after coming home one of my friend pointed out that.
 
As far as I see, you maitained legal status through-out.... So you won't be denied based on an I-94 end date. So u sent the passort to just get I-94 extended??

Anyways I see 0% chances of denial because they issued I-94 end date based on comp A H1. BTW, you just need a valid H1 and a valid H1 job/paperwork (not necessarily from the same company) to enter and work in the country.

wasapproved said:
If I-485 is denied based on this, is there anything i can do to win my case? I know its my mistkae of not seeing it there. I'm sacred whne officer send em to other room and asking lot of questions.
When ever they stamped I-94 i didn't stopped their even for a minute, only after coming home one of my friend pointed out that.
Click to expand...
 
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