-Sat

Folks, I will appreciate your help in this matter. I am on H1B and
have applied for adjustment of Status. 1-40 approved, 1-485 pending.
My previous employer had four clinics with different tax ID's and
different names. He is the president of all the clinics. He used one
of the clinics to sponsor my H1b. The very first day I reported for
work he asked me to ****t at a clinic that didn't sponsor my H1B visa
because he urgently needed someone there. He assured me that all his
clinics were listed as my potential work-site in the H1B petition. I
believed him and didn't ask for a proof. I discussed the issue with my
immigration attorney who filed the H1B and he said there was no
problem. He promised to file an ammended petition. However, the
petiton was not filed till one year later.( I ****ted work in July,
2004 and the ammended petiton was filed August, 2005). In a letter he
addressed to USCIS which he attached to the ammended H1B petiton he
wrote that he listed the clinic in question as my potential worksite
in the initial H1B petition. He further stated that he didn't know
that he needed to file an ammended petiton because he put me on a
different payroll and reqested USCIS not view the situation as a
violation of H1B status . The new H1B was approved in september of
2005 but was not retroactive.

The main problem now is that I am at 1-485 stage. USCIS recently sent
an RFE. They want to know if I worked for the first clinic or not
since I didn't claim such in my 1-485 application. They want
documentary proof ( paystubs, W-2, tax returns) if I did work for the
first clinic or explain why I
didn't. And, morover, to clarify that the job I did during the period
in question was authorized by the agency.

Thanks in advance for your contributions.

Manish

I think your H1 was for Location A and you worked at B.I dont know what was work location on LCA that was submitted to USCIS with H1 petition.
you need good attorney.
was your LC filed before end of April 2001? ask the lawyer about 245(i) and also for 245(k). update him when your LAST time enter US.
go to good lawyer.

-Sat

On Apr 8, 1:32 am, Manish <[email protected]> wrote:
> > Folks, I will appreciate your help in this matter. I am on H1B and
> > have applied for adjustment of Status. 1-40 approved, 1-485 pending.
> > My previous employer had four clinics with different tax ID's and
> > different names. He is the president of all the clinics. He used one
> > of the clinics to sponsor my H1b. The very first day I reported for
> > work he asked me to ****t at a clinic that didn't sponsor my H1B visa
> > because he urgently needed someone there. He assured me that all his
> > clinics were listed as my potential work-site in the H1B petition. I
> > believed him and didn't ask for a proof. I discussed the issue with my
> > immigration attorney who filed the H1B and he said there was no
> > problem. He promised to file an ammended petition. However, the
> > petiton was not filed till one year later.( I ****ted work in July,
> > 2004 and the ammended petiton was filed August, 2005). In a letter he
> > addressed to USCIS which he attached to the ammended H1B petiton he
> > wrote that he listed the clinic in question as my potential worksite
> > in the initial H1B petition. He further stated that he didn't know
> > that he needed to file an ammended petiton because he put me on a
> > different payroll and reqested USCIS not view the situation as a
> > violation of H1B status . The new H1B was approved in september of
> > 2005 but was not retroactive.
>
> > The main problem now is that I am at 1-485 stage. USCIS recently sent
> > an RFE. They want to know if I worked for the first clinic or not
> > since I didn't claim such in my 1-485 application. They want
> > documentary proof ( paystubs, W-2, tax returns) if I did work for the
> > first clinic or explain why I
> > didn't. And, morover, to clarify that the job I did during the period
> > in question was authorized by the agency.
>
> > Thanks in advance for your contributions.
>
> I think your H1 was for Location A and you worked at B.I dont know what
> was work location on LCA that was submitted to USCIS with H1 petition.
> you need good attorney.
> was your LC filed before end of April 2001? ask the lawyer about 245(i)
> and also for 245(k). update him when your LAST time enter US.
> go to good lawyer.
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Thanks so much for your reply. I last entered US in 1999 on B1/B2. I
converted to F1 and subsequently to H1. My H1 had some RFE regarding
my student days. They were questioning some gaps but it was
ultimately approved. The lawyer that filed the H1B advised me not to
travel outside US till I got a GC. My LC was filed April of last year
and I don't qualify for 245i nor 245k per my lawyer. . I have a a
reputable lawyer that is handling my 1-485 application. I have an
advance parole. He suggests that I travel to Canada using my advance
parole so as to get a new 1-94 which will take care of the problems.
I am a bit sceptical to travel out for now. I hear that people have
been deported form the POE for various reasons. Any ideas or
experiences.

Thanks for your reply.

Jaymax

Elvira

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