回複：H1B 被批準並使用至將近結束時，被revoke，導致485申請出問題。

最近收到移民局的 I485 NOID （notice of intent to deny），才知道原來的學校在我離開5個月後revoke了我之前已經批準並且使用至將近結束的H1B，導致移民局認為我H1B的有效期到之前的H1B 截至日期，並且認為我之後等I485期間沒有合法身份而打算deny我的I485。這麽說大家可能有點糊塗，具體的說吧，我在之前的學校最後一個H1B是從4/20/2008到4/19/2009有效，而我在09/2008離開去了另一個單位並且辦了新的H1B。結果移民局的信說，02/2009我原先的學校revoke了我的H1B （4/20/2008至4/19/2009）,從而導致我的H1B身份以4/19/2008為終止日期。現在需要我提供證據證明4/20/2008之後有合法身份在美國。

-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

 

請有經驗的大俠指點一下，原先的學校為什麽會revoke一個已經批準並且快使用將近結束的H1B，而不是去終止（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.

象這種情況需要什麽材料來證明4/20/2008之後的合法身份？我原先的H1B照理說應該在09/2008我離開原先的學校後自動終止。09/2008之後我有新的H1B銜接。BTW，我的申請基於NIW，不存在relink的問題。請大俠們分析一下。拜謝了。