RFE on I-485 to submit evidence to establish nonimmigrant status in United States

[srinivasak]

I entered U.S.A on May 8th 2002 with H1B of Employer- A. My I-94 was valid until Sep 5th 2003.
Changed to Employer- B due to differences with Employer-A in the month of June 2002. Employer- B filed my H1B and got H1B approved until March 14th 2004.
My wife and daughter came to U.S.A on July 5th 2003 on H4 visa got stamped with the help of Employer-A H1B.
Because of my ignorance and lack of proper information from Employer-B my wife and daughter was OUT OF STATUS from September 5th 2003 to March14, 2004.
Employer-B has applied for the H1B extension and H4 extensions on March 19th 2004. We got our H1B and H4’s got approved until Feb 27th 2007. Using the approved H1B and H4’s we got our visas stamped in U.S.A around July 2004. The visas are valid until Feb27th 2007.
I have change to Employer-C around June 2005. We got our H1B and H4’s extended through Employer-C until May 5th 2007. I have applied for Labor under EB2 through PERM with PD of September 25th 2005 and got approved within 10 days. Applied for I-140 and got approved around December 10th 2005. As my priority date was not current, we are not able to file for I-485.
My wife and daughter went to India on Sep 12th 2006 and came back on Jan 30th 2007. There I-94 was valid until May 5th 2007.
Employer-C applied for H1B and H4 extensions using approved I-140. We got H1B and H4’s approved and valid until May 5th 2011.
I have missed filling of our I-485 around July 2007.
Filed for I-485 on Sep 15th 2008 because my PD became current. We got our EAD and Travel Documents were approved on November 17th 2008.
But my wife got RFE on her I-485 to submit evidence to establish that she maintained her nonimmigrant status in United States between September 5th 2003 to March14, 2004.
During that period my wife is out of status and I what I need to do?
Please help me ASAP as I need to respond to RFE within 30 days.

[ZOONI]

I suggest explain this to your attorney and go as per their insructions. You can ask them to respond to your RFE on your behalf too.

[srinivasak]

Our attorney is using 245(k) to respond to my wife's RFE.

According to 245(k) my wife's OUT OF STATUS from September 5th 2003 to March14, 2004 will not be taken in to consideration as a violation because the above violation was done before the last legal entry in to U.S.A on Jan 30th 2007.After Jan 30th 2007 She is not having any violations.

We are hoping everything will go smoothly without any issues.

[srinivasak]

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On December 9, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

[rituy]

Hi ,

I was at the same situation.I was out of status for 14 months from april2001-Aug 2002.I received an RFE on 485 for evidence of stay we met Sheela Murthy..she suggested we apply for Nunc Pro tunc (I-539 Application)We did that along with a letter stating that we were not aware and wasn't informed by the employer or attorney.... and got it approved.It took 1 year for processing but it was approved.
Now i am waiting for my I485.

[billofempire]

I-485 Texas EB 3 Rest of the World

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EB 3 Rest of the World
12/10/2008 Amazing to Note :Card Production oredered for Derivative family members and Principal Applicant is Still Pending. Any one under similar circumstances?
I-485, I-765 and 131 Sent to TSC August 7TH,2007
I-140 AD 08/12/07
PD 02/04/04
I-485 Receipt Notice September 29TH, 2007
All ND 10/01/07
Finger Print Notice Date 10/09/07
Finger Printing on 11/06/07
EAD 10/2007
Derivative Approved

[billofempire]

Finally ALL GREENS
I wish you all good luck and thank you all for your support during these five years.
My special thanks to Rajive Khanna who provided us this podium to share our happiness and griefs.
Thanks
“People love others not for who they are but for how they make them feel”

EB 3 Rest of the World
12/10/2008 Amazing to Note :Card Production oredered for Derivative family members and Principal Applicant is Still Pending. Any one under similar circumstances?
I-485, I-765 and 131 Sent to TSC August 7TH,2007
I-140 AD 08/12/07
PD 02/04/04
I-485 Receipt Notice September 29TH, 2007
All ND 10/01/07
Finger Print Notice Date 10/09/07
Finger Printing on 11/06/07
EAD 10/2007
Derivative Approved[/QUOTE][/B][/COLOR]
Welcome Notice 12/11/2008

[helpgod]

Hi all,

First of all, I am new member here and would like to thank all for their advice and suggestion. I also got RFE (I-485) on non immigrant status from Jan 1 04 to Sept 30, 06 in accordance with CFR 245.1(b)(9) and (10) and requested for:

a. photocopy of current and previous passports
b. photocopy of form-i-797 approval notices
c. photocopy of i-20s
d. photocopy of I-94

I have all the above documents they have requested for. If I send the above mention docs, will it suffice or will they ask more. thanks.