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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 11-09-2010, 12:40 PM
aguada aguada is offline
Junior Member
Priority Date
:
Jan-09
Category
:
EB2
I140 Mailed Date
:
12/01/2009
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Feb 2009
Posts: 11
aguada is on a distinguished road
Default H1 revoked by mistake

My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


Here are the chronological events

Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

Date when my employer was informed by lawyer's office about revocation: 10/24/2010

Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS

Section 245(k)

Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


Will this 180 days 245(k) clause help me in anyway?

How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

Thanks

Last edited by aguada; 11-09-2010 at 01:15 PM. Reason: added url
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