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chi_shark
05-06-2009, 01:29 AM
Gurus,

I have received an RFE asking for 5 different things. one of them is asking for evidence of work status since the day I came to US first time. Now, while going through my H1 approvals, i came across something that seems a little wierd, but i have emails from those days to tell me that i was in clear legal territory. however, given that i have this rfe, i want to run this by you gurus...

i was with one of the big indian IT firms when i came to US. my first h1 approval expired on Jun 2004 and the next one from the same company was valid from the very next day to nov 2006. However, I applied for H1 transfer in nov 2004 (got receipt notice in nov2004) and then started working for a desi consulting company in Dec 2004. The H1 transfer approval came along in Feb 2005 with "approved from" date as Feb 14 2005. So for the period between Dec 13 2004 and Feb 14 2005 when I was working with the desi consulting company based on a H1-Transfer receipt notice, what is my legal status? I know for sure and have emails from the employer confirming that it was ok to work on a receipt notice without actual approval in hand... but my memory fails me for now... so, how is this supposed to work? any ideas?

edaltsis
05-06-2009, 01:43 AM
If you started working for the so called desi consulting company then your legal status will be H1B with that company. You are legal to work just on the receipt notice and this is of no problem with USCIS. I worked this way for 2 different companies just on receipt notices.

snathan
05-06-2009, 02:16 AM
Gurus,

I have received an RFE asking for 5 different things. one of them is asking for evidence of work status since the day I came to US first time. Now, while going through my H1 approvals, i came across something that seems a little wierd, but i have emails from those days to tell me that i was in clear legal territory. however, given that i have this rfe, i want to run this by you gurus...

i was with one of the big indian IT firms when i came to US. my first h1 approval expired on Jun 2004 and the next one from the same company was valid from the very next day to nov 2006. However, I applied for H1 transfer in nov 2004 (got receipt notice in nov2004) and then started working for a desi consulting company in Dec 2004. The H1 transfer approval came along in Feb 2005. So for the period between Dec 13 2004 and Feb 14 2005 when I was working with the desi consulting company based on a H1-Transfer receipt notice, what is my legal status? I know for sure and have emails from the employer confirming that it was ok to work on a receipt notice without actual approval in hand... but my memory fails me for now... so, how is this supposed to work? any ideas?

You can start work with the company once you get the approval notice. Also check your approval notice dates... it should have from and through dates.

chi_shark
05-06-2009, 02:34 AM
You can start work with the company once you get the approval notice. Also check your approval notice dates... it should have from and through dates.

did you meant to say you can start once you get the "approval notice" (as you have written) or you meant to say "receipt notice"? if approval notice, then i am screwed !!! :-) approval from date is later than the date i started working for the second company. but receipt notice date is before the date is started...

Ramba
05-06-2009, 02:53 AM
Gurus,

I have received an RFE asking for 5 different things. one of them is asking for evidence of work status since the day I came to US first time. Now, while going through my H1 approvals, i came across something that seems a little wierd, but i have emails from those days to tell me that i was in clear legal territory. however, given that i have this rfe, i want to run this by you gurus...

i was with one of the big indian IT firms when i came to US. my first h1 approval expired on Jun 2004 and the next one from the same company was valid from the very next day to nov 2006. However, I applied for H1 transfer in nov 2004 (got receipt notice in nov2004) and then started working for a desi consulting company in Dec 2004. The H1 transfer approval came along in Feb 2005 with "approved from" date as Feb 14 2005. So for the period between Dec 13 2004 and Feb 14 2005 when I was working with the desi consulting company based on a H1-Transfer receipt notice, what is my legal status? I know for sure and have emails from the employer confirming that it was ok to work on a receipt notice without actual approval in hand... but my memory fails me for now... so, how is this supposed to work? any ideas?

In H1B transfer case, the general rule is that, one can start working with the receipt notice. No need to wait for approval notice. However, one must verify that what is the employment period (start and end date of work) that the employer originally requested in LCA as well as in H1B petition. Perhaps your second employer mentioned that the start date of employment as Feb 14, 2005 in LCA or H1B petition. Check that. If that is the case, you were doing unauthorized employment between dec and feb. In this case, you still be covered under 245k (less than 180 days of unauthorized work). If not, then, it may be a mistake/oversight of USCIS in failure to grant requested period of employment. Then you can very well explain to USCIS about the fact.

va_dude
05-06-2009, 11:15 AM
as far as i know you are eligible to work for a new employer as soon as you get the receipt notice of your h1 transfer or even the fedex receipt indicating that it has been delivered to uscis.

it might be worth your time to look for the legal text that confirms this and include it in your rfe. ask your attorney on how to deal with it, you are using one for ur rfe, right?

chi_shark
05-06-2009, 01:40 PM
as far as i know you are eligible to work for a new employer as soon as you get the receipt notice of your h1 transfer or even the fedex receipt indicating that it has been delivered to uscis.

it might be worth your time to look for the legal text that confirms this and include it in your rfe. ask your attorney on how to deal with it, you are using one for ur rfe, right?

thanks. yes, i am using an attorney...

krishnam70
05-06-2009, 02:47 PM
In H1B transfer case, the general rule is that, one can start working with the receipt notice. No need to wait for approval notice. However, one must verify that what is the employment period (start and end date of work) that the employer originally requested in LCA as well as in H1B petition. Perhaps your second employer mentioned that the start date of employment as Feb 14, 2005 in LCA or H1B petition. Check that. If that is the case, you were doing unauthorized employment between dec and feb. In this case, you still be covered under 245k (less than 180 days of unauthorized work). If not, then, it may be a mistake/oversight of USCIS in failure to grant requested period of employment. Then you can very well explain to USCIS about the fact.

with your case. Check with your employer about the start date requested on the LCA and prepare your documentation accordingly

- cheers
kris

chi_shark
05-14-2009, 02:52 PM
has anybody been asked to submit past I-94s? such as the I-94s that were given to me in the 9 years that i stayed here? i did not keep copies of all those... i gave those away to the folks on the airport... why do they want that now?

slowwin
05-14-2009, 03:06 PM
has anybody been asked to submit past I-94s? such as the I-94s that were given to me in the 9 years that i stayed here? i did not keep copies of all those... i gave those away to the folks on the airport... why do they want that now?

10 years ago even before I moved to USA for school, I was warned to keep a copy of every notice, approval, I-20's , I-94's , what not etc. I did so and after 10 years and counting , I have to haul a mid sized brief case every time I travel out of the country.:D:D:D

I did read the same advise I got, recently on murthy web site.

regards,
slowwin

yagw
05-14-2009, 03:12 PM
after 10 years and counting , I have to haul a mid sized brief case every time I travel out of the country.:D:D:D

I did read the same advise I got, recently on murthy web site.

regards,
slowwin

heh, good to see I am not alone :) after a while, i scanned most of the recent docs and carry only soft copies and leave the originals at home. since, soft copies are acceptable at PoE for most of the old docs.

chi_shark
05-14-2009, 03:23 PM
well, i dont have those things... so they get to search their own backside for my papers for a change... they cannot reject 485 due to this anyway...

kumar1
05-14-2009, 03:30 PM
I carry them in a blue bag and it weighs 25 lbs. Do you carry them in a blue bag too?

Kidding man...............

10 years ago even before I moved to USA for school, I was warned to keep a copy of every notice, approval, I-20's , I-94's , what not etc. I did so and after 10 years and counting , I have to haul a mid sized brief case every time I travel out of the country.:D:D:D

I did read the same advise I got, recently on murthy web site.

regards,
slowwin

chi_shark
05-14-2009, 03:47 PM
so, do you know if one can ask uscis to furnish all those back to me for records?

Leo07
05-14-2009, 03:51 PM
Here are my thoughts...
1. You can get copies of your H1 approvals from your previous employers.
2. When USCIS talks about I-94, it usually is the bottom copy of the H1-B approval( some one, please correct me here)
3.USCIS, usually has all this information in their DB...so if they are still asking the same information, then is it possible that one of the other 4 questions is driving this?

Please keep in mind, if you are legally in this country all the while, then there is very little to panic. Don't worry...

if it helps any:)

Gurus,

I have received an RFE asking for 5 different things. one of them is asking for evidence of work status since the day I came to US first time. Now, while going through my H1 approvals, i came across something that seems a little wierd, but i have emails from those days to tell me that i was in clear legal territory. however, given that i have this rfe, i want to run this by you gurus...

i was with one of the big indian IT firms when i came to US. my first h1 approval expired on Jun 2004 and the next one from the same company was valid from the very next day to nov 2006. However, I applied for H1 transfer in nov 2004 (got receipt notice in nov2004) and then started working for a desi consulting company in Dec 2004. The H1 transfer approval came along in Feb 2005 with "approved from" date as Feb 14 2005. So for the period between Dec 13 2004 and Feb 14 2005 when I was working with the desi consulting company based on a H1-Transfer receipt notice, what is my legal status? I know for sure and have emails from the employer confirming that it was ok to work on a receipt notice without actual approval in hand... but my memory fails me for now... so, how is this supposed to work? any ideas?

chi_shark
05-14-2009, 04:08 PM
Here are my thoughts...
1. You can get copies of your H1 approvals from your previous employers.
2. When USCIS talks about I-94, it usually is the bottom copy of the H1-B approval( some one, please correct me here)
3.USCIS, usually has all this information in their DB...so if they are still asking the same information, then is it possible that one of the other 4 questions is driving this?

Please keep in mind, if you are legally in this country all the while, then there is very little to panic. Don't worry...

if it helps any:)

yes, you are right about the point 1 above. however, it will be hard to do that in the 2 weeks that i have to respond to rfe. point 2: thats what i dont have - since i surrendered those. do you know how to get a copy of an already approved h1 from them? 3. the other 4 questions are simpler and i have provided all documents. those were: 1) photo id, 2) parentage 3) current non-immigrant admission into US 4) all h1 approvals 5) evl.

Leo07
05-14-2009, 05:14 PM
If I were you I'd a.) Call employer or drop by the office, if it's not too far.
b.) Do you have any contacts at your previous employer that can expedite the process

Strange, I have never submitted the bottom-copy of the H1-B approval. I always submitted the White-I-94 card that's pinned to the Passport.

Sorry for not being able to help much!

chi_shark
05-14-2009, 05:26 PM
If I were you I'd a.) Call employer or drop by the office, if it's not too far.
b.) Do you have any contacts at your previous employer that can expedite the process

Strange, I have never submitted the bottom-copy of the H1-B approval. I always submitted the White-I-94 card that's pinned to the Passport.

Sorry for not being able to help much!

my ex-employer is a 50000 person organization spread across the planet (i think they have an office on mars too)... i dont know if i can find anything out from them... i will try... but i am not hopeful