485 RFE Tracker

r_vr

Registered Users (C)
RFE about Legal Status
----------------------
Hi,

Today my lawyer has received RFE documents. RFE is about my wife’s legal status.

Our situation is:

In 2003 May my wife & kids went to India for 11 months. She had valid H4 visa that time.(till 12/0ct2003)

When she was in India, her’s H4-visa got expired.

My company did not file H4 extension for my wife & kids. They filed extension for me. After I received H1B Extension paper, I sent to her, her H4-VISA got stamped on 18/FEB/2004 Valid upto 17 March 2005.

There is a gap (with out H4 Visa) between OCT/12/2003 TO FEB/18/2005, about 128 days.

She returned back to US with valid H4 visa.

Bottom line is she had valid H4-VISA both when she left from US and returned to US and vith out visa is 128 days.

To reply for RFE my lawyer asked the following details:

1. Copies of every page of her passport.
2. Copy of her Latest I-94 Copy
3. Copies of her all EAD Cards
4. Copies of her all AP’s
5. Proof stay in India during that time.

I have documents (1 to 4 ). I need information about point 5.

Will it be a problem in her 485 approval?

What types of documents do we have to present?

Plz Help,

Thanks
rvr
 
r_vr said:
RFE about Legal Status
----------------------
Hi,

Today my lawyer has received RFE documents. RFE is about my wife’s legal status.

Our situation is:

In 2003 May my wife & kids went to India for 11 months. She had valid H4 visa that time.(till 12/0ct2003)

When she was in India, her’s H4-visa got expired.

My company did not file H4 extension for my wife & kids. They filed extension for me. After I received H1B Extension paper, I sent to her, her H4-VISA got stamped on 18/FEB/2004 Valid upto 17 March 2005.

There is a gap (with out H4 Visa) between OCT/12/2003 TO FEB/18/2005, about 128 days.

She returned back to US with valid H4 visa.

Bottom line is she had valid H4-VISA both when she left from US and returned to US and vith out visa is 128 days.

To reply for RFE my lawyer asked the following details:

1. Copies of every page of her passport.
2. Copy of her Latest I-94 Copy
3. Copies of her all EAD Cards
4. Copies of her all AP’s
5. Proof stay in India during that time.

I have documents (1 to 4 ). I need information about point 5.

Will it be a problem in her 485 approval?

What types of documents do we have to present?

Plz Help,

Thanks
rvr

Any kind of expenes statement, like Visa Card Credit etc. or a letter.
 
When She landed in India, they(Indian Immigration) usually stamp arrival date and when you leave the country, they stamp departure date. I think this is very important, also include a letter stating that they(US Consulate) asked the same question while renewing her H4 visa. It is good to include supportive documents like CC Statements, any bank transactions e.t.c.
Make sure the copies of the pages in the passport on which are date of arrival and dt of Departure are clearly visible.
 
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