Advise on RFE

G

gymmy

New Member
I got RFE read as follows:

Please also submit evidence that any and all employment since your last admission has been authorized by this service. This should include the period of time from 10/01/2003 until 08/11/2004. Such evidence may include, but is not limited to:
-Copies of both sides of your form I-94 Arrival/ Entry document.
-Copies of both sides of your Form I-20A-B/I-D ( F-1 students and dependents)
-Copies of both sides of your Form IAP-66/DS-2019
-Copies of any form I-797 approval notice/notice of action
-Copies of the pages in your passport which show U.S visas, Immigrastion admission stamps or other endorsements, to include the passport identity pages.
-Copies of any and all Employment Authorization Documents issued to you by this service.

My Answers to RFE in the same order:
- I can take a photocopy of the I-94 and send it to INS. May be there are asking since I visited Canada and India.
- Not applicable for me since I am never on student or dependent visa
-Not applicable to me since I am never on J1 visa
-I can attach copies of my two EADs.
-I can take photocopies of the passport.
-I can attach copies of my two EADs

Hope I am correct in my answers. The only proble is the EADs. I do not have continuous EADs. Eg. the first EAD 01-01-2004. The next EAD starts on 01-11-2004. there is gap of 11 days. But I applied for my second EAd two months before the expiry of the first EAD.
Do I need to explain the gap? Anything more I should do? Are my answers correct.

Thank you
 
gymmy said:
The only proble is the EADs. I do not have continuous EADs. Eg. the first EAD 01-01-2004. The next EAD starts on 01-11-2004. there is gap of 11 days. But I applied for my second EAd two months before the expiry of the first EAD.
Click to expand...

Claim 245k relief for the missing 10 days. That's what 245k is there for.
 
gymmy said:
How do I applu for 245k. Can you please explain? I do not have H1 during that time.
Click to expand...

When you respond to the RFE, admit you didn't have work authorization during those ten days, and then say that Section 245k of the INA allows you to work without authorization for up to 180 days without prejudicing your adjustment.
 
I don't understand the problem. You are on AOS, that's your status. EAD - it's up to you, you may work, and you may not. 10 days in between doesn't affect your status - it 's still AOS.
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I am not an attorney
 
Nothing to say but only provide the entry visa, initial I-94, I-20, EAD and I-797A from your last entry date to the current, especially the period that the RFE specified.
 
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