N14 request for additional document, missing H1B1 visa for over 15 years ago

[GZH 19]

Texas filler.

Date filed: 05/31/2017

Interview date: 09/20/2018

Green card since 2004

 

 

The officer said he had everything just not my H1B1 visa for 2002 to 2004. He will send out N14 form.

I have searched all my files and could find this notice, I even have the previous I129 approval notice  for the same company between 2000 to 2002, and everything else including my i94, my green card notices, just not the one for 2002 to 2004. 

The company I worked for has been sold twice since then and I am trying to track down whether they still have the record for 17 years ago The immigration lawyer who did my i485 told me they only keep 10 years record.

I have my way forms and pay stub for 2002 to 2004, just not that i129 approval notice.

Any suggestion?

[randomstairs 270]

That was one pretty bad lawyer. The attorney must always be more worried and careful than the client, that's what they are paid for. Of course USCIS checks (or can check) your entire immigration history. 

 

I suggest finding a copy of the package you sent for the I-485 application. The notice might have been included in it. Do you happen to have the visa stamp for that period? If so, you can contact the DoS and ask them about the notice. You can also try locating the attorney of that employer - maybe they are keeping it on file (fat chance).  

 

It is a little strange though that USCIS wouldn't have any record of it. If you can't find it, just explain that in the response to the RFE. They can't deny you solely on this. It's not an absolute requirement that you keep all your records. (It's highly recommended, but it's not the law.)

[GZH 19]

4 minutes ago, randomstairs said:

That was one pretty bad lawyer. The attorney must always be more worried and careful than the client, that's what they are paid for. Of course USCIS checks (or can check) your entire immigration history. 

 

I suggest finding a copy of the package you sent for the I-485 application. The notice might have been included in it. Do you happen to have the visa stamp for that period? If so, you can contact the DoS and ask them about the notice. You can also try locating the attorney of that employer - maybe they are keeping it on file (fat chance).  

 

It is a little strange though that USCIS wouldn't have any record of it. If you can't find it, just explain that in the response to the RFE. They can't deny you solely on this. It's not an absolute requirement that you keep all your records. (It's highly recommended, but it's not the law.)

Because the company had been bought out twice, finding the lawyer who filed he petition 17 years ago is also a fat chance. I filed a foia request and hope for the best. I also plan to send in evidence of the company been sold twice, my W2 forms from 2002 to 2004, my pay stubs from the same period, a copy of my foia request, any documents that help support that I was legally working during that time period, and I have been trying to locate the missing i129 notice. Will this work?

[randomstairs 270]

2 minutes ago, GZH said:

Because the company had been bought out twice, finding the lawyer who filed he petition 17 years ago is also a fat chance. I filed a foia request and hope for the best. I also plan to send in evidence of the company been sold twice, my W2 forms from 2002 to 2004, my pay stubs from the same period, a copy of my foia request, any documents that help support that I was legally working during that time period, and I have been trying to locate the missing i129 notice. Will this work?

That's good. Keep a copy of FOIA! It may not get resolved by the time you need it but the copy of the request will help. Was the FOIA request done with the CBP? Those take a long time. The other docs you list prove your employment but not the status. What happened to the I-485 package? There should be a copy of either the notice or a visa stamp for the period. 

 

Again, if your status was fine, ultimately they won't deny you. Documents can get destroyed but not your status or your past. 

[GZH 19]

6 minutes ago, randomstairs said:

That's good. Keep a copy of FOIA! It may not get resolved by the time you need it but the copy of the request will help. Was the FOIA request done with the CBP? Those take a long time. The other docs you list prove your employment but not the status. What happened to the I-485 package? There should be a copy of either the notice or a visa stamp for the period. 

 

Again, if your status was fine, ultimately they won't deny you. Documents can get destroyed but not your status or your past. 

I don't have copy of 485 application. That was 17 years ago, I must have been dumb not to have a copy. Too bad the law office handling my 485 only keeps 10 years record. The lawyer worked for the company for H1b visa was out of business around that period as well.

I didn't travel aboard during those years so no visa stamp.

I don't know where my foia went, I submitted the request through the email posted on USCIS website and I will also fax in a request tomorrow.

I think my working history should help prove my H1B status because otherwise how I was able to work for a public traded company without any work permit? Given that I was on H1B working for the same company between 2000 and 2002, then became a permanent resident durimg late 2004.

I also have my I140 receipt notice dated middle of 2002.

Just not that I129 paper!!!!

 

Thanks for your help.

 

[randomstairs 270]

1 minute ago, GZH said:

I don't have copy of 485 application. That was 17 years ago, I must have been dumb not to have a copy. Too bad the law office handling my 485 only keeps 10 years record. The lawyer worked for the company for H1b visa was out of business around that period as well.

I didn't travel aboard during those years so no visa stamp.

I don't know where my foia went, I submitted the request through the email posted on USCIS website and I will also fax in a request tomorrow.

I think my working history should help prove my H1B status because otherwise how I was able to work for a public traded company without any work permit? Given that I was on H1B working for the same company between 2000 and 2002, then became a permanent resident durimg late 2004.

I also have my I140 receipt notice dated middle of 2002.

Just not that I129 paper!!!!

 

Thanks for your help.

 

If your status was valid during that period, ultimately USCIS should be able to verify that even if you lost all your paperwork. Do follow their advice about FOIA and KEEP ALL RECEIPTS. Good luck to you! 

 

PS: I get it, 17 years ago we couldn't put everything on Google Drive  

[CarlHamilton 252]

How bizarre.  This is something they should have in your A-file.   What field office are you?

[GZH 19]

3 minutes ago, CarlHamilton said:

How bizarre.  This is something they should have in your A-file.   What field office are you?

Irving, tx  office.

Edited September 21, 2018 by GZH