Got REF and Problems --- help appreciated

T

tiredofwaiting2

Registered Users (C)
Hi, I had gone through J-1, J-1 waiver, F-1, H-1. Now I-485
is pending

The INS sent me a REF requesting us to provide:

    1. IAP-66 Forms for
        a. 3/30/1993 to 3/29/1994 period
            (I lost original copy. only have a photocopy which is
             not legible. actually I can read it without problem,
             but the copy may not be as clear as INS expects)
        b. 3/30/1994 to 3/29/1996 periods
            (I have the originals so no problem here)
    2. copy of J-1/J-2 visa from passports
            (I have them, so no problem)
    3. I-612 approval notice (2-year waiver approval)
            (I have the original, so no problem here)
    4. "No Objection" letter for 2-year foreign residence waiver.
            (I don\'t have the letter. Don\'t remember if United
             States Information Agency (USIA) gave me a copy or
             not. I do have a letter from USIA saying that "Your
             government has forwarded a No Objection statement ...")

My questions are:
    A. for 1a above, will INS accept the explanation that I lost
       the original but we have other evidences (copies, 1b
       saying extending on-going ...)?
    B. for 4 above, I tried to find USIA on the web but USIA has
       been abolished since 1999. Will the INS accept the copy of
       letter from USIA as the evidence that says "Your government
       has forwarded No Objection ...."?

Your answers and advice are much appreciated!

My case info:
RD: 12/2000
ND: 01/2001
FP: done 04/2001
AP: approved 3/2001
EAD: approved 4/2001
 
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debo_nair,

It was re-issued on 5/23 but I just received from attorney\'s office. I called IIO on 5/23 and IIO said it\'s issued on 5/11 first but I never got it. So they re-issued it.
 
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In your I-485 application package, did you supply the copy of IAP-66, J-1 visa and I-612 approval? Now that you have obtained the final J waiver from INS, why do they recheck it?

Good Luck
 
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My wife\'s J-1 on passport says that 2 year rule under section 212(e) doesn\'t apply.....
Do we still need some letter from USIA or from the home country....

Regards...
 
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The INS asked for your \'I-612 approval notice AND no-objection letter\', or, \'I-612 approval notice OR no-objection letter\'. Please verify it. ---Johnson
 
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They asked for both. I don\'t remeber USIA sent me a copy of the No Objection letter. Now USIA does not exist any more. Is there replacement agency for USIA?
 
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Yes I did. I am wondering too why they want to recheck. The problem is that I lost the 1st of three IAP-66s, and I don\'t have the No Objection letter. I only have a copy of my first IAP-66 which INS said no legible.
 
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The No Objection letter is from the government of your home country. I doublt I can get a copy from Chinese Ambassy (their bookkeeping tech is worse than mine), but I might have to try.

If you do not have the 2-y requirement, you don;t have to worry about this matter in your case.
 
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The role of USIA has been replaced by DOS. Supply whatever
you have for IAP66. Photocoy is fine. If you do not have
no objection letter, the waiver notice from USIA is sufficient.
After all, you must have a no objection letter from home
country for them to approve the waiver!

ciba
 
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Hi Ciba,

Thanks for the reply and info. In my orig. package, I have included copies of IAP-66s, waiver notice and waiver approval notice. INS thinks my 1st IAP66 is not legible and I lost the orig. one ut only
have a copy. Not sure why INS is piggy to me because Last time with
I140 (EB1), they sent me a note too asking for info I have included
already. I have to write a letter to explain without adding any new
evidence.

What if I just tell INS that I lost 1st IAP66 and No Objection letter?
Will they accept with the 2nd & 3rd IAP66 saying "extending on-going
program ..." and with waiver approval notice?

Thanks to all of you again for reply
 
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tiredofwaiting,

It does not matter what you sent in the original package. They
will ask whatever they please to make your life miserable.

Reply the RFE with the same documents as in the original application
and explain in the cover letter what you have and what you have not
(or lost). Use color pens to highlight IAP66 to emphasize that
you have always maintain your J1 status. This should satisfy them.

ciba
 
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Ciba,

Thanks and I will have to do exactly what you suggested. I will keep the board posted with INS\' latest response.

Appreciate all your help.
 
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