Legal Question in Immigration Law in Texas
Hello,
Please advice as it's urgent. HR department from my employer sent the termination notice to USCIS by mistake in JAN 2009 because of my name change due to marriage. I am still working & on company's payroll from January 2009 to till now .As nobody was aware of this problem until I asked the employee verification letter for my trip to india. Then HR realised that I am terminated from H1b by mistake. They said that they can apply for my work permit again. My I94 is valid till september 2010 and visa stamp on passport is till september 2010.It's all company's fault but the question is What are the chances of getting I-797 and H1B status again? IF given work permit again, Do i have to go outside us for H1B stamping again ??
1 Answer from Attorneys
It might be possible to withdraw the the request to withdraw (termination) notice to USCIS, but if CIS doesn't accept that, a new petition would be required. The fastest way would be to reapply and in the petition request retroactive approval from the date of termination so as to avoid the need to travel or otherwise show a gap in your legal status. Such a gap could be problematic in the future.
This is highly unusual and might need some direct intervention between CIS and counsel. You need someone who understands accessing the system to get reply and hopefully positive action to result, but because this is rare, it's not clear that CIS will allow withdrawal of the termination notice or retroactive approval of a new petition. Premium processing would allow you to get a reply in 15 days which is an option if you re-file.
Regardless, you need very competent counsel and no one can guarantee what the CIS will do with this unusual situation until you try.
If you would like to see my credentials, they're at http://www.yardum-hunter.com. You can contact me at [email protected] or 818 609 1953. I look forward to the opportunity of working with you. An attorney client relationship is only formed upon mutual agreement and not based on the above information. This information should not be taken as legal advice to act on your own.
Sincerely,
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