485 Ref

J

J2k4

Registered Users (C)
Friends,
Friend got an RFE .. don't know what is it for yet !, but guessing, might be one of the following and need your valuble suggestion .. how to approach in each case ...

1. He worked for 5 companies in 6 years, submitted 4 H1's
2. Worked for same company twice for short intervals ..( 3 months after 1 year again worked for 2 months)
3. With one H1 stay was not extended (out of status)... he was unable to provide paycheck or letter for 20 days eventhough he worked ..Sponsoring company screwed, not submitted all the documents given to answer the query, eventhough he maintained status. He went to India and got it stamped.

4.Affidavit's of Date of Birth certficates not submitted, but regular GOVT (Mandal) DOB certficates submitted.

5. Labor Substitute PDate: some time in 2001

Guy's .. please post your responses how to handle each of the situations ...will post rfe details if we get the notice .. Thanks
 
485 Rfe.

1,2,3 are not the case of concern.

4> Did U get the birth certificate translated and certified?

5> They may be asking for employment verification .. paystub etc..


Good luck .
 
Thanks

Your response given lot of hope on this case ... Thanks

eBhola said:
1,2,3 are not the case of concern.
4> Did U get the birth certificate translated and certified?
No, BirthCertificate was in English, but issued by Mandal Revenue Officer (MRO), not certified .

5> They may be asking for employment verification .. paystub etc..

this is fine .. we have all the documents ..
Good luck .
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Good question?

eBhola said:
But how can an 'Revenue Officer' issue a birth certificate..?
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Good question ...MROffice maintains the Birth-Death List, Voters list , house hold income kind of things in rural areas of ANDHRA .. so back in 1990 this certificate was valid if somebody don't have SSLC certificate in Andhra,INDIA.
But things are changed now .. and don't know how they issued DOB certificate. Thanks
 
eBhola said:
1,2,3 are not the case of concern.
Click to expand...

I will not say that 1,23 are not importan ! During I-485 adjudication, the biggest thing checked is whether the applicant was in status and whether all employment was authorized by CIS. By reading points 1,2 and 3, looks like you may have a problem. The best thing is ofcourse to wait for the actual RFE to come and see what it says. Only by looking at the exact wordings in the RFE and the exact documents being asked for can you formulate a stategy on how ro reply. If there is any question about status or authorization, please do consult COMPETENT immigration attorney, rather than attempting to reply yourself.
 
out of status

sertra2002 said:
I will not say that 1,23 are not importan ! During I-485 adjudication, the biggest thing checked is whether the applicant was in status and whether all employment was authorized by CIS.
Click to expand...

Thanks for reply serta2002. If went out of status, as per uscis decision, if we go out of country and re-enter and join the same employer, what kind of rfe they may issue ? uscis decision was fulfilled rt?.

This may not be the rfe, but may be helpfull for somebody who are in this kind of situation. Thanks
 
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J2k4 said:
Thanks for reply serta2002. If went out of status, as per uscis decision, if we go out of country and re-enter and join the same employer, what kind of rfe they may issue ? uscis decision was fulfilled rt?.

This may not be the rfe, but may be helpfull for somebody who are in this kind of situation. Thanks
Click to expand...

The issue of status is scrutinized much more closely during I-485, than H1. When you say 'USCIS decision was fulfilled', remember you are talking in context of getting an H1. USCIS may still go back and check your status during I-485 adjudication (they most certainly will). If you were out of status any time, you may have to used 245(i) or 245(k). Please google the two and read about them. But rememember, do not bring the issues, or use 245(i)/(k) yourself. Let the RFE ask about it, and if you have no way out, then and only then think of these.
 
Laid Off case.

Correct me guys, if I have this one wrong.

Say a person A ...
Enter the country on 1/1/2000... on H1b.
He gets laid off on 1/1/2001 ...

Looks for another job ...

Gets a new Job and H1b on 7/1/2001.

Techinically this is a case where he was out of Status for 7 months..
He has a valid I-94 and H1b .. but no pay stubs - since he has no work.

Now while issuing a fresh H1b ... INS can do two things ---
1> Pardon the guy and issues a fresh H1b ..
2> Ask him to go back to his country and appear for interview to get fresh stamping.

In either of the two cases ... everything that occured before the new H1b .. will be null and void...

If your work/stay beyond Ur H1b period for more than 180 days ... they won't even issue or extend Ur H1b...

As I said earlier .. is this a valid case..

Thanks
 
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Paid

If one have had valid H1b and I-94 -- 5 years ago.. how does INS verify if one got paid in that period or not ...
They ask for max -- past three years of tax return ...
 
Did anybody see ref on out of status?.

eBhola said:
Correct me guys, if I have this one wrong.

Say a person A ...
Enter the country on 1/1/2000... on H1b.
He gets laid off on 1/1/2001 ...

Looks for another job ...

Gets a new Job and H1b on 7/1/2001.

Techinically this is a case where he was out of Status for 7 months..
He has a valid I-94 and H1b .. but no pay stubs - since he has no work.

Now while issuing a fresh H1b ... INS can do two things ---
1> Pardon the guy and issues a fresh H1b ..
2> Ask him to go back to his country and appear for interview to get fresh stamping.

In either of the two cases ... everything that occured before the new H1b .. will be null and void...

If your work/stay beyond Ur H1b period for more than 180 days ... they won't even issue or extend Ur H1b...

As I said earlier .. is this a valid case..

Thanks
Click to expand...
I did't see any rfe's on out of status in this forum.. so you might be right.
 
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I-94

The thing is -- Ur last I-94 is important..
If it is all correct and U were physically present when 485 was applied is all that is needed for the Status Check.

If one is more than 180 days out of status -- it automatically flags U .. and U will not get Ur I-94 ... The flag remains for certain period .. may be 10 I guess and then U are all set for another visa ...

I hope I am correct ... which would remove lot of sleepless night for 485 applicants who have gap due to layoff etc...

Good luck guys.
eBhola
 
eBhola,
Question
If someone was out of Stastus for 180 days before 485 was applied and his last I-94, they are still safe. Is this a true statement?

Thanks
 
Status

If you over stay your I-94 for more than 180 days ... it is very difficult to get another I-94.... I am not saying U cannot but nevertheless it is difficult.
Depending upon ones conditions ... the officer can punish U with putting a bar on Ur entry for serveral years.

But if U get a fresh I-94 .. and if it is valid thru the 485 process .. from application to approval ... then U are all set .. That is the reason it is very important to be in US on UR date 485 application..


But have U heard of any RFE on the status in 485 stage .. I mean the employment based ones ...
 
No not heard of any query on this. But wanted to be cautious.
I was out of status in 2000 for 7 months and my I-94 was valid till my LC process started in Jan 2003. My 485 was applied in Nov2003. I went out of country in Feb 2004 and got new I-94 when i returned in March2003 which also expired last year December while my 485 is pending. Is it a problem as I was out of status in 2000 for more then 180 days that longg before applied even for LC?

By the way, I read somewhere that if I-94 expires while you are in US and 485 is in process you are safe.

Thanks
 
Hi, Friends
I have a question A person is coming in usa on B-1/B-2 and change of status on L-1A in Dec 2001 to Dec 2002. after one year applied for Ext. for L-1A which was denied in July 2003 but mean time applied for I-140 and approved in Aug 2003. I-485 was applied in Nov 2003. 1st EAD approved in June 2004. FP done in Nov 2004 and applied for 2nd EAD and AP in MAy 2005.
EAD will Expierd in next week but no message or any activity on that.
Lud changed for I-485 continuos 3-4 days in April 2005 bacause of inquired in USCIS. Reply for that is only YOUR CASE IS PENDING WITH US.
In this case what is the status of person. I think ones your case is pending with USCIS for Extension, Apeal or MTR and I-485 is pending then person is in status.
Yours Views and Reply will be usefull to everybody.
Thanks.
 
Billtoo and eBhola,

I guess my oreginal questions were lost because another post from our friend. Hence posting questions again

I was out of status in 2000 for 7 months and my I-94 was valid till my LC process started in Jan 2003. My 485 was applied in Nov2003. I went out of country in Feb 2004 and got new I-94 when i returned in March2003 which also expired last year December while my 485 is pending. Is it a problem as I was out of status in 2000 for more then 180 days that longg before applied even for LC?

By the way, I read somewhere that if I-94 expires while you are in US and 485 is in process you are safe.

THnaks
 
Got rfe Notice !

Friends,
This RFE was on Date of Birth certficate. They asked to submit DOB certficate from District Sub-Registrar if born in city/town or affidavit's and any school certificate's if born in village.

Is this a regular rfe for DOB certficate?. What exactly we have to send them .. we have affidavits available.. but not certficate from Sub-Registrar. Please some one, who are victim's of this kind of rfe, post the details what was submitted?. Thanks guy's.
 
Birth Certificate.

Well -- as we discussed earlier -- a revenue officer cannot give U a birth certificate ... He can give U a tax certificate ....

So the RFE was as predicted .. I think U should give an affadavit from Ur parents .. if U cannot get the brith certificate from proper source...

An easy RFE -- for the matter of fact that it is not a 'lie' ... and we were all born and did not drop straight from sky... just kidding..

Good luck and have a great day.
 
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