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Dear Editor:

I filed a case against the INS with US District Court. The Court denied my motion for summary judgment.

Here is the story. In 1998, we filed H-1B. The beneficiary was H-1B valid till 2001. We provided the most recent paystub. The INS still kicked back requesting more recent even if the one we submitted was already the most recent. In response, we gave more recent one the beneficiary got when the case was pending. However, after we filed the case, the beneficiary was transferred to a different state. Based on this, the INS approved the H but denied the change of status, alleging that he was out of status by engaging in unauthorized employment since he did not file H amendment after relocation.

I need some cases to the points such as:

1. As long as you filed your case, you maintain your status. So it does not matter if you are transferred to a different location.
2. Even if you are transferred to a different worksite when you filed your case, it is not required to file H amendment simply because of relocation of work site.

I would appreciate it very much if you can pass it to some of our colleagues and get back to me.
If you have questions, please give me a call or send me an email at: dehaitao@yahoo.com. Thank you very much.
Yours truly,
Dehai Tao


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