Legal Question in Immigration Law in Texas

H1B Transfer with unlawful presence

I am a Canadian working on H1B, laid off from job on 6/12/2006. On 5/25/2006, I filed I-539 to change my status to B-2. Supporting documents to this I-539 included Bank statement and a statement from my wife's doctor that my wife (she is pregnant) needs to stay in US due to her medical situation. I have COBRA medical coverage. In late July, received RFE from TSC asking for (A) copy of last paycheck (B) statement from physician that my wife's treatment is not being paid through Federal or state public health assistance. I provided a copy of this RFE to my wife's doctor to provide me such statement for onward submission to USCIS. My wife's doctor, by error, submitted such statement/evidence directly to USCIS instead of providing that to ME for onward submission along with my paycheck. On August 18, 2006, USCIS sent me a denial decision stating that since they received only evidence to one requirement of RFE, they are denying my request for change of status. Q1: I have a job offer from another company. How this situation will affect my H1B transfer. Due to I539 denial, I have already started accumulating illegal presence.Q2: How to fix this situation. What forms & supporting documents should I submit to INS.


Asked on 8/23/06, 9:37 am

2 Answers from Attorneys
TC Langford Langford Law Office

Re: H1B Transfer with unlawful presence

You have very little time -- but you may be able to correct the error. File a Motion To ReOpen with brief and supporting documentation of the error. (and filing fee) The DD may very well reconsider and approve your status change.

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Answered on 8/23/06, 10:17 am
Carol Saliba Attorney at Law

Re: H1B Transfer with unlawful presence

I would write a letter (Motion to Re-open)to the District Director at TSC and explain the situation completely and submit evidence in support.

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Answered on 8/23/06, 10:53 am


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