Dear Sir/Madam:
This is the letter to answer the i485 denial notice.
April 30th 2010, my opt ended. At that day, one company applied h1b (WAC101455xxxx ) for me.
Please notice that I was qualified for automatic cap-gap extension (not for employment-authorized, I did NOT work at that period)
Please check below link for h1b-opt cap extension or search “USCIS H1b-OPT Extension”. http://www.uscis.gov/
Between May 1st 2010 and August 12th, 2010. I did NOT work but took the opt automatic extension. I was still in F1 visa status.
(For the appeal, while time was back to beginning of 2012 ,The visa number is valid for my eb2.Congressman I contacted told me that appeal needs to be withdrew that uscis will handle my eb2 485 (uscis told him so).I kept the email , that is why I withdrew it )
I submitted EB1A i485 in august 12, 2010, then entered AOS status.
Since I did not want to work for my h1b sponsor company at September 2010, the h1b was withdrawn at September 24th, 2010 (I was already in AOS status).
I received RFE from TSC for my EB1A at Feb 15th 2011. (Officer made mistake here)
Officer thought that my EB1A i140 was denied at Feb 15th 2011. Actually my EB1A case was denied at June 11th 2011.
At July 5th 2011, I submitted the EB1A i140 appeal.
So between May 1st 2010 to November 1st 2011, I kept my legal status all the time. I did not perform any unauthorized work.
During this period, I was legal to stay and maintain the lawful status (immigrant and nonimmigrant)
I attach the copy of multi legal files behind this letter.
I do appreciate your time and effort
Have a good day