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I've close to 1 year gap in my H1b History : -(
When my H1 extension had been denied in 2011, my employer had asked me to leave the country immediately along with dependents.
I could not do that since my wife had a medical circumstance at that time.
The employer had mentioned that copy of denial was never received. And eventually my employer had filed a fresh H1 petition in Apr 2012, which was followed by an RFE "Untimely filing of petition", which was responded as a "Nunc Pro Tunc" appeal based on medical ground, which was followed by another RFE requesting some documents; and was eventually approved by USCIS in Nov 2012; but it was not back-dated approval; unfortunately my employer denied to follow that up with USCIS.
Just over 1 week before my attorney requested to share a missing H1 approval notice for year 2011-2012.
And I shared back that I don't have one.
My employer's immigration attorney shared with me the risks involved of filing 485 with this gap:
1. Possibly a RFE on my 485
2. Possibly Denial of 485 (possibly leading to more RFEs in my subsequent immigration petitions)
3. Possibly opening up my H1 case again
4. Possibly me being subjected to Immediate Removal Proceeding
Finally I decided not to file 485 and file 140 alone at this point of time : -(
But this does not closes my case. My date would become current again may be in a year or a couple years, but same situation.
So I want to understand:
1. Is it even really required that my attorney unnecessarily draws USCIS attention to this 1 year gap? I believe for 485 all USCIS wants to make sure my current status is valid, right?
2. If my attorney is not agreeing and wants to share the facts with USCIS as they are and also provide all supporting documents upfront; in that case, what all documents I need to be prepared with; what kind of affidavits; sample format of such affidavits
3. Should I chose to have some other attorney handle my case; should my employer have any concern with that, if so, how should I deal with that.
4. Since my case is complicated, which attorney should I consult - **** ** **** **?
Of course I'm going to contact some external attorneys on this.
But please share if anyone has wisdom to share on my unfortunate situation.
Thank you very much!
When my H1 extension had been denied in 2011, my employer had asked me to leave the country immediately along with dependents.
I could not do that since my wife had a medical circumstance at that time.
The employer had mentioned that copy of denial was never received. And eventually my employer had filed a fresh H1 petition in Apr 2012, which was followed by an RFE "Untimely filing of petition", which was responded as a "Nunc Pro Tunc" appeal based on medical ground, which was followed by another RFE requesting some documents; and was eventually approved by USCIS in Nov 2012; but it was not back-dated approval; unfortunately my employer denied to follow that up with USCIS.
Just over 1 week before my attorney requested to share a missing H1 approval notice for year 2011-2012.
And I shared back that I don't have one.
My employer's immigration attorney shared with me the risks involved of filing 485 with this gap:
1. Possibly a RFE on my 485
2. Possibly Denial of 485 (possibly leading to more RFEs in my subsequent immigration petitions)
3. Possibly opening up my H1 case again
4. Possibly me being subjected to Immediate Removal Proceeding
Finally I decided not to file 485 and file 140 alone at this point of time : -(
But this does not closes my case. My date would become current again may be in a year or a couple years, but same situation.
So I want to understand:
1. Is it even really required that my attorney unnecessarily draws USCIS attention to this 1 year gap? I believe for 485 all USCIS wants to make sure my current status is valid, right?
2. If my attorney is not agreeing and wants to share the facts with USCIS as they are and also provide all supporting documents upfront; in that case, what all documents I need to be prepared with; what kind of affidavits; sample format of such affidavits
3. Should I chose to have some other attorney handle my case; should my employer have any concern with that, if so, how should I deal with that.
4. Since my case is complicated, which attorney should I consult - **** ** **** **?
Of course I'm going to contact some external attorneys on this.
But please share if anyone has wisdom to share on my unfortunate situation.
Thank you very much!
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