485 RFE - Received by mail - "Evidence of Lawful Presence"

T

toprasad

Registered Users (C)
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

Below is my immigration timeline

CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009

After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
If I got visa stamping outside the country, would it reset legal status and not be an issue?
 
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Technically, they should only be looking at your status from your recent entry to the USA. Probably you have two passports and they do not have your recent passport copies in which you have the visa stamped and date of departure and date of arrival. Anyway, Type a letter and attach a addendum of your dates of stay and visa type, date of departure and date of arrival in a tabular format and attach all copies of visa notices, also include passport pages with arrival and departure.
 
When you applied for visa stamp outside of US, did you write about your 5 months of illegal presence ?

If no, they may think it is immigration fraud and it does not have time expiration and of course IT CAN NOT BE RESET. Because this is misrepresentation of your status.


If yes, you should be fine
 
sfmars said:
When you applied for visa stamp outside of US, did you write about your 5 months of illegal presence ?

If no, they may think it is immigration fraud and it does not have time expiration and of course IT CAN NOT BE RESET. Because this is misrepresentation of your status.


If yes, you should be fine
Click to expand...

Yes, we submitted all the documents
- EB1 (140/485, EAD)
- Till the EB1 rejection in 1/15/2005, I was on EAD
- After the rejection, my O1-visa was for a later date (5 months)
Infact, if questioned my reasoning was that kids schools end in June and we immedieatly left to India (June 10th)
 
I think you should be fine because you re-entered on O1.
You are not subject to 3 yr bar as you stayed <180 days past 485 denial.
At that time, were you asked to leave U.S. in 30 days?
Which lawyer you used for O1. Can you pm me the lawyer contact info.
 
Thanks to "knowDOL", some suggestions on contents for response

Evidence of Lawful Presence
Type a letter and attach
a) dates of stay and visa type with copies of approval notices
b) date of departure and date of arrival with copies of passport pages
c) status changes with copies of all visa notices
d) Latest I-94

Are there any other documents that are needed?
 
I think that should be enough. Make sure you have one letter addressing the Immigration officer with an addendum that lists tabular format of your Entry date, Visa type, port of entry and visa expiry date and then attach all copies of H-1B I-797 and your O-1 and 485 denial, old and new passport copies and recent I-94 copy. Make sure to list the I485 denial date and your departure to India.
 
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