回复：H1B 被批准并使用至将近结束时，被revoke，导致485申请出问题。

来源: 863211 于 2011-11-18 22:08:53 [档案] [博客] [旧帖] [给我悄悄话] 本文已被阅读： 0 次 (3123 bytes)

回答: H1B 被批准并使用至将近结束时，被revoke，导致485申请出问题。由 geyy 于 2011-11-18 21:12:06

最近收到移民局的 I485 NOID （notice of intent to deny），才知道原来的学校在我离开5个月后revoke了我之前已经批准并且使用至将近结束的H1B，导致移民局认为我H1B的有效期到之前的H1B 截至日期，并且认为我之后等I485期间没有合法身份而打算deny我的I485。这么说大家可能有点糊涂，具体的说吧，我在之前的学校最后一个H1B是从4/20/2008到4/19/2009有效，而我在09/2008离开去了另一个单位并且办了新的H1B。结果移民局的信说，02/2009我原先的学校revoke了我的H1B （4/20/2008至4/19/2009）,从而导致我的H1B身份以4/19/2008为终止日期。现在需要我提供证据证明4/20/2008之后有合法身份在美国。

-Obviously,your old employer made mistake to withdraw/revoke the H1, not to terminate it. But you still can justify that you worked for the school during that period before the H1 withdrawal/revoke and you had no idea why the school made mistake to withraw it, instead of terminating it. So, just repond to the NOID explaining that you worked under H1 status from 4/20/2008 to 09/2008 and then, the new employer filed the H1 transfer for you on (date..) and then, you worked for the new employer after the new H1 transfer was filed. Based on AC21 H1B Portability, you were legal to work for the new employer after the H1 transfer was filed. Also, your H1 transfer petition was approved later. So, the old H1 withdrawal/revoke on 02/2009 by the old employer should have not affect your status because you did work for the school under H1 status before you changed employer. Provide the copies of the old H1 approval notice and the new H1 transfer approval notice, your W2 forms from that school (proof of your working for the school during that period) and a copy of your new job offer letter or your employer's letter indicating your job starting date. If you still have the last three month paycheck stubs from the school, you may provide them to prove your work at that school until what month.

This relink is about AC21 H1B Portability

http://imminfo.com/Library/AC21/AC21_h1b_portability.html

请有经验的大侠指点一下，原先的学校为什么会revoke一个已经批准并且快使用将近结束的H1B，而不是去终止（terminate）。

-I think the school did not know the immigration law well and they may not understand the difference between the H1 termination and H1 withdarwal/revoke. Actaully the school should have big trouble to revoke the H1 because you had worked for them. They will be considered to violate the law to employ a foreign employee (you) illegally in this case and thus, they may be punished seriously due to the H1 revoke. So, you may ask the shcool HR to issue a letter to you that they made mistake to revoke the H1 petition, instead of terminating it. Then, enclose this letter with your response to the NOID.

象这种情况需要什么材料来证明4/20/2008之后的合法身份？我原先的H1B照理说应该在09/2008我离开原先的学校后自动终止。09/2008之后我有新的H1B衔接。BTW，我的申请基于NIW，不存在relink的问题。请大侠们分析一下。拜谢了。