Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 1 of 5
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 1 of 5
Exhibit A
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 2 of 5
AFFIDAVIT OF JAYESH SRIVASTAVA I, Jayesh Srivastava, after being duly swom, do hereby state and affirm that;
l.
I am a citizen and national oflndia, aged 33 years, and am competent to testifu to the facts herein. I currently reside at 2124 Strawberry Court, Edison, NJ 08817.
2.
I first entered the United States in H-lB status in 2006 pursuant to an approvedl-129 Petition filed on my behalf by SRG America.
3. In
October 2008, Infokall, Inc. frled
a new H-lB petition on my behalf, which was
subsequently approved by USCIS for a validity period of 10/0212008 until 10/01i201 1.
4.
In 2009, I decided to return to school to pursue my master's degree. One of my friends, Ashish Joy, recommended the University of Northem Virginia (ulIVA). Since I was very unfamiliar with U.S. immigration laws, I did a lot of online research about the application process before applying to UNVA for admission.
5.
Through my online research, I leamed that Vision Career Consultants, a company based in New Jersey, where I was staying, was the official representative of UNVA which handled admissions, enrollment, and immigration matters for UNVA's foreign national students. I contacted VCC by phone, and they told me that they would take care of preparing and filing all ofthe documents required to change my starus from Hl to Fl.
6.
At the time, I was relieved to know that VCC was working directly with LINVA and UNVA let VCC handle many of its official duties related to management of international students. This assured me that VCC would have full knowledge of both IJNVA's application procedures as well as the correct procedures for changing my status to F-1. I never questioned or secondguessed VCC's legitimacy since its authority was endorsed by UNVA.
7. I believe I paid a fee to VCC to take care of the paperwork to change my status, but I don't remember. 8. VCC gave me a list of documents and information that copy ofmy credentials, and a copy ofmy passport and visa.
9.
I would need to gather, including a
One the VCC employees explained that I needed to show that someone in the U.S. would support me financially during my studies. I told him that I had my own Bank of America savings account with sufficient funds to meet the financial obligation requirements. The VCC employee asked me how much money I had in my account, and I told him the balance at the time. He asked for a copy of my bank statement, and I provided it along with all of the other documents VCC requested.
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 3 of 5
All of the documents that I
submitted to VCC for use in preparing and filing my I-539 application and obtaining an I-20 were genuine. I only submitted a bank statement from Bank of America to VCC;, with an account balance of $ 16,866.02 and a statement date of 3125/2009 . 10.
After giving VCC the documents they requested, my involvement basically ended. I do not remember reviewing any I-539 Forms at that time. I do not remember signing any I-539 Forms, either. I never saw a complete copy of the I-539 filing, and I do not know what supporting documents were filed along with the form. 11.
12. USCIS approved my I-539 application and change of status on May 29,2009. VCC sent me the original approval notice and a Form I-20 issued by UNVA.
In October 2009, I decided to stop attending school, and First Tek Inc. filed a new H-lB petition on my behalf, which was approved for the validity period of 10i05/2009 until 08/30/2012. I asked for UNVA's authorization through VCC to withdraw from study, began 13.
working for First Tek, and stopped attending school.
I filed my I-485 Application to Adjust
14,2012. I also filed a Form l-765 to obtain work authorization. USCIS approved my I-765 application for the validity period of 04i0412012 wfil04/13/2013. However, I maintained my H-lB status after 14.
Status to Permanent Resident on March
my EAD was issued.
15. On October 22,2072, USCIS approved thel-129 petition that First Tek filed on my behalf, but denied my extension of status request. The decision stated that my previous I-539 filed by VCC "contained fraudulent financial documents, which was confirmed by USCIS Fraud Detection and National Security, New Delhi." 16. I was completely shocked after reading this. All of the documents that I gave to VCC for my I-539 application were genuine. I only gave VCC a genuine bank statement from the Bank of America. 17. When my H-lB extension of status was denied in October 2012, my petitioning employer filed a Motion to Reopen/Reconsider the denial. At the time it was filed, I submitted an affrdavit stating that I never submitted any false documents to USCIS along with my I-539 application, and explaining that I relied upon Vision Career Consultants (VCC) to prepare and
file my I-539 application.
At the time the Motion was filed, I had not seen a copy of the I-539 forms or any attached documents; I do not believe I ever signed any forms in connection with my I-539 application. 18.
19. To date, I still have not seen a copy of my I-539 frling. Murthy Law Firm filed a Freedom of Information Act (FOIA) request with USCIS on my behalf in order get a complete copy of my Alien file in December 2012. However, the response we received in January 2013 contained only my I-485 and I-140 filings. Murthy Law Firm appealed this decision, and my request was remanded back to the National Records Center.
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 4 of 5
20. On January 31,2013, USCIS reafTirmed the denial of my extension of The denial decision stated that ". . .the beneficiary signed the Form I-539."
H-lB
status request.
21. However, I have no memory of ever signing the I-539. My employer is now filing a Motion to Reopen/Reconsider the January 31, 2013 decision.
22.Ibegan searching through my old records and e-mails to see if I had any old correspondence with VCC that would support the new Motion. I discovered the Form I-20 for my initial attendance at the University of Northern Virginia. 23.1c,an't remember reviewing this document closely before; however, when I discovered the Form I-20 in my e-mail, I reviewed the signature on it. To my shock, it appeared that someone else signed my rurme on the Form I-20. 24. I believe that I did not sign the I-20 for two reasons: one, my name next to the signature is misspelled as "Jayesh Shrivastava." I would not have misspelled my own name. Second, the signature looks similar to mine, but it is written straight up and down; when I sign my name, I usually slant it upward.
that I believed the signature on the Form I-20 was not mine. Through Attomey Stepanova, I submitted twenty samples of my signature to a forensic document examiner along with the Form I-20 in order to get an expert opinion as to whether the signature on the Form I-20 was genuine. 25.
I told Attomey Anna Stepanova of Murthy Law Firm
26. The document examiner concluded that the signature on the Form I-20 was not mine. strongly believe that VCC forged my signature on the I-20, and also on the Form I-539, since do not remember signing it either. 27
I I
.l am shocked and angry to have been victimize d in this way by VCC. I trusted them to file
my Form I-539; I had no idea that they would forge my signature on immigration forms, and jeopardize my future in the U.S. as a result. I would have never hired VCC to handle my I-539 filing if I had known what a false, evil company it was. I provided only genuine documents to VCC in support of my application for admission to UNVA and change of status to that of F- I . I have no knowledge of what documents were ultimately submitted to USCIS because I strongly believe never reviewed the contents of my application and never signed any forms or documents that VCC filed on my behalf.
I
28. USCIS did not provide any firrther documents in response to my FOIA request. On August 12,2013, USCIS sent a letter stating that 534 pages were identified that were responsive to my request,, but that my request was being denied in full because the documents are exempt pursuant to 5 U.S.C. S 552(bX7XA).
29. As a result of not having access to my immigration filings, I cannot fully defend myself against the finding of fraud that USCIS has made. If I were to leave the United States, I would be barred permanently from re-entering. I am also unable to adjust my stafus to Permanent
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 5 of 5
Resident without a waiver of inadmissibility. If I could see the documents that were submitted with my I-539 filing, I could use them to fight this incorrect finding of fraud.
I AFFIRM under penalty of perjury and upon personal knowledge that the above statements and facts are true and accurate to the best of my knowledge, information and belief.
Signature: Jayesh Srivastava
ol
Date:
tbnjtN\ wIT: srArE
or
I HEREBY CERTIFY THAT on
fne, a_Notary Public
,
ulr
crry/colrNry oF %,q?Lrrr( - gr
this
2I
of the aforesaid
&roBt4
TO
, "r CityiCounty, personally appeared State and Aav
2013, before
, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, who acknowledged that she has executed it for
the purposes therein set forth.
&-"C(l"grQrQ4-
My commission
expires:
,o*o*rm
*"tqYr'^'r?1?85ilEH'dlTt*
MY COMMISSION EXPIRES SEPTEMBER 15, 201 5
ocl I I
2orl
Exhibit A
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 2 of 5
AFFIDAVIT OF JAYESH SRIVASTAVA I, Jayesh Srivastava, after being duly swom, do hereby state and affirm that;
l.
I am a citizen and national oflndia, aged 33 years, and am competent to testifu to the facts herein. I currently reside at 2124 Strawberry Court, Edison, NJ 08817.
2.
I first entered the United States in H-lB status in 2006 pursuant to an approvedl-129 Petition filed on my behalf by SRG America.
3. In
October 2008, Infokall, Inc. frled
a new H-lB petition on my behalf, which was
subsequently approved by USCIS for a validity period of 10/0212008 until 10/01i201 1.
4.
In 2009, I decided to return to school to pursue my master's degree. One of my friends, Ashish Joy, recommended the University of Northem Virginia (ulIVA). Since I was very unfamiliar with U.S. immigration laws, I did a lot of online research about the application process before applying to UNVA for admission.
5.
Through my online research, I leamed that Vision Career Consultants, a company based in New Jersey, where I was staying, was the official representative of UNVA which handled admissions, enrollment, and immigration matters for UNVA's foreign national students. I contacted VCC by phone, and they told me that they would take care of preparing and filing all ofthe documents required to change my starus from Hl to Fl.
6.
At the time, I was relieved to know that VCC was working directly with LINVA and UNVA let VCC handle many of its official duties related to management of international students. This assured me that VCC would have full knowledge of both IJNVA's application procedures as well as the correct procedures for changing my status to F-1. I never questioned or secondguessed VCC's legitimacy since its authority was endorsed by UNVA.
7. I believe I paid a fee to VCC to take care of the paperwork to change my status, but I don't remember. 8. VCC gave me a list of documents and information that copy ofmy credentials, and a copy ofmy passport and visa.
9.
I would need to gather, including a
One the VCC employees explained that I needed to show that someone in the U.S. would support me financially during my studies. I told him that I had my own Bank of America savings account with sufficient funds to meet the financial obligation requirements. The VCC employee asked me how much money I had in my account, and I told him the balance at the time. He asked for a copy of my bank statement, and I provided it along with all of the other documents VCC requested.
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 3 of 5
All of the documents that I
submitted to VCC for use in preparing and filing my I-539 application and obtaining an I-20 were genuine. I only submitted a bank statement from Bank of America to VCC;, with an account balance of $ 16,866.02 and a statement date of 3125/2009 . 10.
After giving VCC the documents they requested, my involvement basically ended. I do not remember reviewing any I-539 Forms at that time. I do not remember signing any I-539 Forms, either. I never saw a complete copy of the I-539 filing, and I do not know what supporting documents were filed along with the form. 11.
12. USCIS approved my I-539 application and change of status on May 29,2009. VCC sent me the original approval notice and a Form I-20 issued by UNVA.
In October 2009, I decided to stop attending school, and First Tek Inc. filed a new H-lB petition on my behalf, which was approved for the validity period of 10i05/2009 until 08/30/2012. I asked for UNVA's authorization through VCC to withdraw from study, began 13.
working for First Tek, and stopped attending school.
I filed my I-485 Application to Adjust
14,2012. I also filed a Form l-765 to obtain work authorization. USCIS approved my I-765 application for the validity period of 04i0412012 wfil04/13/2013. However, I maintained my H-lB status after 14.
Status to Permanent Resident on March
my EAD was issued.
15. On October 22,2072, USCIS approved thel-129 petition that First Tek filed on my behalf, but denied my extension of status request. The decision stated that my previous I-539 filed by VCC "contained fraudulent financial documents, which was confirmed by USCIS Fraud Detection and National Security, New Delhi." 16. I was completely shocked after reading this. All of the documents that I gave to VCC for my I-539 application were genuine. I only gave VCC a genuine bank statement from the Bank of America. 17. When my H-lB extension of status was denied in October 2012, my petitioning employer filed a Motion to Reopen/Reconsider the denial. At the time it was filed, I submitted an affrdavit stating that I never submitted any false documents to USCIS along with my I-539 application, and explaining that I relied upon Vision Career Consultants (VCC) to prepare and
file my I-539 application.
At the time the Motion was filed, I had not seen a copy of the I-539 forms or any attached documents; I do not believe I ever signed any forms in connection with my I-539 application. 18.
19. To date, I still have not seen a copy of my I-539 frling. Murthy Law Firm filed a Freedom of Information Act (FOIA) request with USCIS on my behalf in order get a complete copy of my Alien file in December 2012. However, the response we received in January 2013 contained only my I-485 and I-140 filings. Murthy Law Firm appealed this decision, and my request was remanded back to the National Records Center.
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 4 of 5
20. On January 31,2013, USCIS reafTirmed the denial of my extension of The denial decision stated that ". . .the beneficiary signed the Form I-539."
H-lB
status request.
21. However, I have no memory of ever signing the I-539. My employer is now filing a Motion to Reopen/Reconsider the January 31, 2013 decision.
22.Ibegan searching through my old records and e-mails to see if I had any old correspondence with VCC that would support the new Motion. I discovered the Form I-20 for my initial attendance at the University of Northern Virginia. 23.1c,an't remember reviewing this document closely before; however, when I discovered the Form I-20 in my e-mail, I reviewed the signature on it. To my shock, it appeared that someone else signed my rurme on the Form I-20. 24. I believe that I did not sign the I-20 for two reasons: one, my name next to the signature is misspelled as "Jayesh Shrivastava." I would not have misspelled my own name. Second, the signature looks similar to mine, but it is written straight up and down; when I sign my name, I usually slant it upward.
that I believed the signature on the Form I-20 was not mine. Through Attomey Stepanova, I submitted twenty samples of my signature to a forensic document examiner along with the Form I-20 in order to get an expert opinion as to whether the signature on the Form I-20 was genuine. 25.
I told Attomey Anna Stepanova of Murthy Law Firm
26. The document examiner concluded that the signature on the Form I-20 was not mine. strongly believe that VCC forged my signature on the I-20, and also on the Form I-539, since do not remember signing it either. 27
I I
.l am shocked and angry to have been victimize d in this way by VCC. I trusted them to file
my Form I-539; I had no idea that they would forge my signature on immigration forms, and jeopardize my future in the U.S. as a result. I would have never hired VCC to handle my I-539 filing if I had known what a false, evil company it was. I provided only genuine documents to VCC in support of my application for admission to UNVA and change of status to that of F- I . I have no knowledge of what documents were ultimately submitted to USCIS because I strongly believe never reviewed the contents of my application and never signed any forms or documents that VCC filed on my behalf.
I
28. USCIS did not provide any firrther documents in response to my FOIA request. On August 12,2013, USCIS sent a letter stating that 534 pages were identified that were responsive to my request,, but that my request was being denied in full because the documents are exempt pursuant to 5 U.S.C. S 552(bX7XA).
29. As a result of not having access to my immigration filings, I cannot fully defend myself against the finding of fraud that USCIS has made. If I were to leave the United States, I would be barred permanently from re-entering. I am also unable to adjust my stafus to Permanent
Case 1:13-cv-01742-CKK Document 1-1 Filed 11/05/13 Page 5 of 5
Resident without a waiver of inadmissibility. If I could see the documents that were submitted with my I-539 filing, I could use them to fight this incorrect finding of fraud.
I AFFIRM under penalty of perjury and upon personal knowledge that the above statements and facts are true and accurate to the best of my knowledge, information and belief.
Signature: Jayesh Srivastava
ol
Date:
tbnjtN\ wIT: srArE
or
I HEREBY CERTIFY THAT on
fne, a_Notary Public
,
ulr
crry/colrNry oF %,q?Lrrr( - gr
this
2I
of the aforesaid
&roBt4
TO
, "r CityiCounty, personally appeared State and Aav
2013, before
, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, who acknowledged that she has executed it for
the purposes therein set forth.
&-"C(l"grQrQ4-
My commission
expires:
,o*o*rm
*"tqYr'^'r?1?85ilEH'dlTt*
MY COMMISSION EXPIRES SEPTEMBER 15, 201 5
ocl I I
2orl
