485 RFE - Proof of Legal Stay

K

krk_fl

Registered Users (C)
Experts and Gurus!
I got an RFE for 485. I am a dependent applicant and I was in US without a valid I-94 between Jan 2003 and June 2004 for about 165 days.
When I realized my I-94 was expired(not applied) I had travelled to home country got H4 stamped and returned to US in June 2004 without
any problems.
I had applied my 485/EAD/AP in November 2004 and I got EAD/AP approvals for that. I had applied for EAD renewal and I got that also approved.
But I had recieved this RFE now asking me to provide all I-94 copies, H4 extension and passport visa copies for the period during which I dont have a valid I-94 and I was in the US.

How should I respond to this RFE?
Any help would be highly appreciated.
Thanks
krk
 
i assume in your post, you meant Jan 2004 and not Jan 2003 as that would put you out of status for 1.5 years. In that case you'll have no answer.

So during the time when you're out of status, did you apply for a H4 extension based on your spouses H1 visa ? if your I-94 expired and you applied for your H4 extension before the expiration of your I-94, you should be fine.


krk_fl said:
Experts and Gurus!
I got an RFE for 485. I am a dependent applicant and I was in US without a valid I-94 between Jan 2003 and June 2004 for about 165 days.
When I realized my I-94 was expired(not applied) I had travelled to home country got H4 stamped and returned to US in June 2004 without
any problems.
I had applied my 485/EAD/AP in November 2004 and I got EAD/AP approvals for that. I had applied for EAD renewal and I got that also approved.
But I had recieved this RFE now asking me to provide all I-94 copies, H4 extension and passport visa copies for the period during which I dont have a valid I-94 and I was in the US.

How should I respond to this RFE?
Any help would be highly appreciated.
Thanks
krk
Click to expand...
 
In the RFE I am asked to provide all the I-94 copies, passport copies showing all visa's, arrivals and departures and any other documentation like I-20 to show that I was in a legal status during Jan 2003 and June 2004.
But now I dont have anything to submit for 165 days(this is the time that I was in US without a valid I-94)during this period (Jan 2003 to June 2004).

When I realized that I-94 is expired, I went back to India, got H4 stamped and came back in June 2004. I believe the RFE is specifically asking about the period that I was here without a valid I-94.

How this should be handled?
 
i am really surprised because just having an expired 1-94 does not mean you're out of status as long as you have supporting documentation showing that you had a valid I-797 approval notice or a receipt notice for the H-4 visa during that time.

in my example...one of my I-94 expired in march 2003 but then i filed for an extension of H1B visa before the expiration of my I-94 and i continued to stay in the US even after the expiration of my I-94.

i am surprised how did the USCIS know these dates....they barely even collect the I-94 at departure time from the US.

krk_fl said:
In the RFE I am asked to provide all the I-94 copies, passport copies showing all visa's, arrivals and departures and any other documentation like I-20 to show that I was in a legal status during Jan 2003 and June 2004.
But now I dont have anything to submit for 165 days(this is the time that I was in US without a valid I-94)during this period (Jan 2003 to June 2004).

When I realized that I-94 is expired, I went back to India, got H4 stamped and came back in June 2004. I believe the RFE is specifically asking about the period that I was here without a valid I-94.

How this should be handled?
Click to expand...
 
nishokie said:
i am really surprised because just having an expired 1-94 does not mean you're out of status as long as you have supporting documentation showing that you had a valid I-797 approval notice or a receipt notice for the H-4 visa during that time.

in my example...one of my I-94 expired in march 2003 but then i filed for an extension of H1B visa before the expiration of my I-94 and i continued to stay in the US even after the expiration of my I-94.

i am surprised how did the USCIS know these dates....they barely even collect the I-94 at departure time from the US.
Click to expand...


H4 was not applied when H1 was applied when my spouse had changed the employer and I-94 from previous entry had expired. We knew that H4 has to be applied with H1 when we went to Driver's License office.

I guess you got a more clear picture now.
 
krk_fl said:
Experts and Gurus!
I got an RFE for 485. I am a dependent applicant and I was in US without a valid I-94 between Jan 2003 and June 2004 for about 165 days.
When I realized my I-94 was expired(not applied) I had travelled to home country got H4 stamped and returned to US in June 2004 without
any problems.
I had applied my 485/EAD/AP in November 2004 and I got EAD/AP approvals for that. I had applied for EAD renewal and I got that also approved.
But I had recieved this RFE now asking me to provide all I-94 copies, H4 extension and passport visa copies for the period during which I dont have a valid I-94 and I was in the US.

How should I respond to this RFE?
Any help would be highly appreciated.
Thanks
krk
Click to expand...
You have no documentation to prove your legal status for about 165 days. You might forget to file I-539 timely. You cannot change this fact. Just provide what you have. However, you may be protected by 245k if you are in the EB category.
 
krk_fl said:
H4 was not applied when H1 was applied when my spouse had changed the employer and I-94 from previous entry had expired. We knew that H4 has to be applied with H1 when we went to Driver's License office.

I guess you got a more clear picture now.
Click to expand...

Because you were re-admitted on H4 ,anything left behind should not matter for the purpose of AOS. You should have been maintaining your legal status between last lawful admission and submission of I-485.

What you have to do now, just submit what ever you have with clear exolanation that you re-entered on H4 visa.
 
Compiler & akatu
I am dependent for an EB3 principal applicant. Yes I dont have anything to submit for the 165 days. We dont know that I-539 has to be filed with H1 while changing the employer. By the time we knew about I was already here without a valid H4 or I-94 for about 150 days and after contacting an attorney I immediately left the country.

I had filed I-485 after coming back on a valid H4 and I had maintained legal status since my last entry.

Do I have to refer 245 (k) in the reply to the RFE?

Thanks for the replies.
 
Hey,

Let your attorney handle response to RFE, make sure that you have a good one, AOS is yuor's application not company , so you have a right to choose/change lawyer.
 
What do u guys think....

was i out od status

Let me Give you the Break Down
------------------------------ :
Entered Usa on Jan 20th 2001
POE gave me I-94 Till 20th April 2001 (3 Months)
Applied for Extension for B1/B2 on April 12th 2001
Received Notice Date dated April 19th 2001 (But never got An approval on that)
Applied for L1-A in Sep.., Receipt Date is Sep 10th 2001 (so that’s 143 Days From Previous I-94)
But Got Approved on my L1-A on October 31 2001 (so that’s 194 Days)

So guys am i OK.....
 
krk_fl said:
Compiler & akatu
I am dependent for an EB3 principal applicant. Yes I dont have anything to submit for the 165 days. We dont know that I-539 has to be filed with H1 while changing the employer. By the time we knew about I was already here without a valid H4 or I-94 for about 150 days and after contacting an attorney I immediately left the country.

I had filed I-485 after coming back on a valid H4 and I had maintained legal status since my last entry.

Do I have to refer 245 (k) in the reply to the RFE?

Thanks for the replies.
Click to expand...
I think you should be ok. If your I-485 gets denied, you will have a good chance to win the appeal because of the 245k. As for referring 245 (k), I won’t specify it (the CIS chap should know it)but I will emphasize the facts of your last legal entry and why you were out of status for 150 days and how you did after you found it. Good luck.
 
compiler said:
I think you should be ok. If your I-485 gets denied, you will have a good chance to win the appeal because of the 245k. As for referring 245 (k), I won’t specify it (the CIS chap should know it)but I will emphasize the facts of your last legal entry and why you were out of status for 150 days and how you did after you found it. Good luck.
Click to expand...


Thanks Compiler
I am in the process of preparing the documentation to reply for this RFE.
I will post the details soon.

Thanks
 
BTW, what was your I-485 filing and FP date? Are you subject to the retrogression? Remember; ask opinion of your attorney. S/he should know your case best.
 
compiler said:
BTW, what was your I-485 filing and FP date? Are you subject to the retrogression? Remember; ask opinion of your attorney. S/he should know your case best.
Click to expand...

My filing date is December 2004 and FP was done in April 2005. I am the dependent 485 applicant and principal applicant is EB3 with PD of Jan 2003. I have no idea what triggered this RFE at this time. Any clues?
 
Plz Help - RFE regarding 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 couple of months. She had valid H4 visa that time. 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.

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.

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. Copy of her all EAD Cards
4. Copy of her all AP’s
5. Proof stay in India during that time.

I have documents (1 to 4 ). I need an answer item 5.

Will it be a problem in her 485 approval?
What type of documents do we have to present?

Plz Help,

Thanks
rvr
 
r_vr said:
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 couple of months. She had valid H4 visa that time. 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.

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.

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. Copy of her all EAD Cards
4. Copy of her all AP’s
5. Proof stay in India during that time.

I have documents (1 to 4 ). I need an answer item 5.

Will it be a problem in her 485 approval?
What type of documents do we have to present?

Plz Help,

Thanks
rvr
Click to expand...


Arrival and Departure stamps from the passport should be enough to prove that she is in India during that period.
Hope that should work.
Good Luck.
 
You come from India. Are you subject to the visa quota restriction? What was your PD and I-485 filing date?
 
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