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  #1 (permalink)  
Old 02-28-2008, 04:13 AM
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viveksri is infamous around these parts
Default RFE for I485 Please help

Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

Could this gap be a issue, That is why they are asking starting 12th April 2004?

Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

Please advice.

VS
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  #2 (permalink)  
Old 02-28-2008, 09:18 AM
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10dulkar will become famous soon enough
Default Can you tell

Quote:
Originally Posted by viveksri View Post
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

Could this gap be a issue, That is why they are asking starting 12th April 2004?

Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

Please advice.

VS
what is your PD, catagory and country please?
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  #3 (permalink)  
Old 02-28-2008, 09:28 AM
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rolrblade will become famous soon enough
Default What?

Quote:
Originally Posted by 10dulkar View Post
what is your PD, catagory and country please?
What does his PD, category and country have to do with anything in his question?

Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.

Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.

Just make sure your attroney writes a good response back and not just sends the I-797's.
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Last edited by rolrblade; 02-28-2008 at 09:31 AM.
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  #4 (permalink)  
Old 02-28-2008, 10:31 AM
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lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute
Default

You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
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Last edited by lazycis; 02-28-2008 at 12:39 PM.
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  #5 (permalink)  
Old 02-28-2008, 02:08 PM
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viveksri is infamous around these parts
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Thanks Guys,

I really appreciate all your input.

VS
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  #6 (permalink)  
Old 02-28-2008, 02:29 PM
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roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
Default

Quote:
Originally Posted by viveksri View Post
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

Could this gap be a issue, That is why they are asking starting 12th April 2004?

Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

Please advice.

VS

You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....
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  #7 (permalink)  
Old 02-28-2008, 02:37 PM
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ujjvalkoul will become famous soon enough
Default

Quote:
Originally Posted by lazycis View Post
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
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  #8 (permalink)  
Old 02-28-2008, 02:42 PM
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lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute
Default

Quote:
Originally Posted by ujjvalkoul View Post
canu post the USCIS link for these 2 laws
Link to the INA (see chapter 245)
http://www.uscis.gov/propub/ProPubVA...b0686648558dbe

Link to 8 CFR (see part 274a)
http://www.uscis.gov/propub/ProPubVA...433ee0f3c73289
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If you don't like something, change it. If you can't change it, change your attitude. Don't complain...
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  #9 (permalink)  
Old 02-28-2008, 03:33 PM
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ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of
Default This may be okay...

Quote:
Originally Posted by viveksri View Post
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

Could this gap be a issue, That is why they are asking starting 12th April 2004?

Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

Please advice.

VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...

Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...

Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...

But you must check with lawyer...
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Last edited by ajju; 02-28-2008 at 03:36 PM.
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