Documents for non-immigration status RFE

Suresh_Colo:

I got an RFE which asked me to submit documentary evidence of your non-immigrant status, in addition to evidence of any employment authorization issued since your last lawful admission into the United States "

The documents which I submitted are

* Copies of the last I-94 (the dates on has expired and I am now using my EAD) back and front.

* Copies of passport all the pages(I have two of them the first one expired) including the ones without any stamps

*Copies of I-797 (All the H1B approval notices)

* W2s since my last lawful admission( If you last entered US in 1998 you will need W2s from 1998 thru 2001).

* Copies of EAD

* Letter from current Employer

I have read thru your case in earlier post. Looks like they are only worried about your status since you entered US last lawfully. Basically INS wants to make sure that you maintained your non-immigrant status. The RFE also states for me that If I fail to maintain my non-immigrant status all I need to do is file an amended I-485 by demonstrating physical presence by including copies above mentioned plus rent receipts, credit card statements, utility bills, paystubs, etc. :)

Either ways this is a simple RFE.

Cheers

ColsEB444
 
colseb444,

Could you please cite the exact content of this RFE?

I was out of status for 7 months (that happened 3 years ago).
I got back into status (through a new employer), have been lawfully admitted into the country many times since then and have never been out of status ever since.

My attorney said that I will be fine.
I have not received any RFE yet but I would like to know exactly what I need to prepare (in terms of documentation) in case I do get one.

thanks,

suresh.
 
ColsEB444 :

What do they mean by amended I 485. Does It mean that You can file I485 with 245(i) ?


macho55
 
Suresh_Colo:

Like I have mentioned earlier, INS seems to be interested to know whether you have maintained the status since you entered into the country last lawfully. Everytime you enter the country they seem to start a new log (what ever they call it). I feel that you should be good. Just gather the docs I have mentioned in my earlier post.

ColsEB444
 
macho55

The RFE itself is very detailed in nature about 4 pages. It contains all the information about how to amend and refile I485 under 245(i).

Please consult with a good attorney

ColsEB444
 
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