I need some help here and I hope other people can learn something from my mistakes too.
I came to the US as an F-1 student a few years ago. Here is the timeline of my case:
a) In May 2001, a petition for H1-b1 was submitted
to the INS;
b) In June, 2001, I changed my mind. I did not want
to take the job. INS had not made decision yet by
this time. A cancellation letter was sent to the
INS;
c) In July,2001, the petition for H1-b1 was granted,
but I did not take the position;
d) On September 28, 2001, the H1-b1 visa was revolked.
e) In April, 2002, I submitted an application for
a change back to F-1 status; However, the
application package was lost;
f) In September, 2003, I refiled the applicatoin for
a change back to F-1 status;
g) In October, 2003, I got a letter of Decision from
the INS to tell me that I need to make immediate
arrangement to depart the country, and that the
approval of the H1-b1 visa cancelled the F-1 visa
automatically, and that the revocation of the
H1-b1 visa put me out of status. The letter says
that I can file a motion to reopen or to reconsider
this case with new materials.
I have a few questions to ask here. In August 2002 after I filed the initial applicatoin for a change back to F-1 status, an Inspector with the INS called my home and asked me a few questions. He said it would be OK for me to stay in the US and to do what I had been doing (going to school full-time). He did not mention anything about the 3-year or 10-year bar. Part of the conversation was recorded on tape.
Questions:
1. May I use the recorded conversation to help me with my case? He said it would be OK for me to stay in the US.When he said that, he represented the INS;
2. Before the H1-b1 was approved, I had submitted a letter for cancellation. A month later, they granted the petition. Should they take the responsibility for not being able to process the cancellation request in time?
3. I just wrote a letter to request cancellation of the petition. They revolked the H1-b1 visa based on this request letter. Were they at fault for taking my personal letter to cancel a visa instead of taking a filled formal form?
4. I hired an attorney for the H1-b1 visa application. I have never received the revocation notice from him or from the INS. Are they supposed to be responsible for the situation I am in now?
Again, any help would be appreciated.