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I just got the approval on the H1 Recapture to get back into US on January 15, 09 though my Petition Letter submitted to USCIS with the application was all screwed up. The petition letter submitted to USCIS has somebody else’s education, work experience and job duty on it rather than mine. Also, the sponsoring company on the first page of the letter appeared to be correct while the sponsoring company on the second page of the letter appeared to be wrong. However, the application itself (I-129) sent to USCIS has the correct name and sponsoring company, which are my name and my sponsoring company name. Accordingly, the I-797 (Approval Notice) has my name and my sponsoring company on it. The issue is the petition letter is all screwed up. I am currently in Malaysia and need to get a visa at US Consular in Malaysia. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? Will I be in any troubles since the petition letter does not have anything relate to my work experience, education and job duty? Do I have to resubmit the application back to USCIS? Will I get rejected? Do I have any better options? Please help. Thank you very much.
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I just talked to my lawyer again, and he told me that I’m overreacting about the issue on the petition letter submitted to USCIS! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything. I'm very upset and don't know what to do. Could anybody please advise what to do? Thank you very much. -
My lawyer still refused to pay any fees and take any responsibilities. He refused to admit his mistake and keep persuading me to go to a visa interview on the wrong petition letter. I just told my attorney again that he should resubmit the application since it would be considered a fraud in the case of attempting to get a visa with the false information on the petition letter. However, he still said that this wrong petition letter is not a problem and kept telling me to go to the visa interview. Can I change the lawyer now during the resubmission of the H1 Recapture? Would it cause me any problems or make my application got rejected by USCIS? My biggest concern is this lawyer also filed the PERM for me. This PERM has been pending for over a year and shows no sign to get approved. The only reason I kept using him because of this pending PERM. I am afraid that he will get in and screw up my PERM through the online account he has. Anybody please help. Thank you very much.Comment
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