Got RFE today. Guys please help

U

uknown485

Registered Users (C)
Hi guys, I really need help. The problem is as follows:
  My wife was working in State A. She left her job in State A on Jan 31, 2000. From Feb1 she started working in State B as a consultant for a company which was based in State C. She started working on Feb1, but her visa came in August 2000. WE don\'t know how the owner of this company was able to give her pay slips and was able to pay her. But now INS is saying that from "Jan 2000 to August 2000 her work seems to be unauthorized and would have caused her failure to maintain non-immigrant status". Finally INS says that "if you cannot establish your maintained nonimmigrant status, pursuant to Section 245i of the Act, you may file a Supplement A with a penalty fee of $1000.00". Guys I really don\'t have any clue about this please help me what does this actually means and what should I do to rectify this. Even my case is stopped becuase of my wife\'s case.. Is there anyway we can get out of this situation. your response would be really appreciated.
 
if you can prove you were physically present in the US on Dec\'21, 2000

then 245i may save your green card as per the RFE which itself states that pay $1000 penalty and would require support of proof presence in the US, then you should be fine. Consult an attorney to verify the exact law and other intricacies about this law, since you are close to completing the GC process, it might be worthwhile to get an attorney\'s help.
 
unknown485, please don\'t panic!

Reading your posting, it seems that the RFE explains pretty much what you need to do. As Gking1 mentioned, look at your wife\'s H1B approval and look at your wife\'s pay stubs. If she had any pay stub (from the company in state C) while she did not have H1B status for that company, she worked without permission (you need to have separate H1B for each company, you already know that) and thus became out of status. So what is the next step? It is already mentioned in the RFE. You need to file form I-485 supplemental A and pay USD 1000.00 penalty to get the benefits of 245(i) amendment. Now I know this: if a primary applicant is out of status, then the primary applicant must file two I-485 supplemental A (one for the primary applicant, one for the spouse) and pay USD 2000.00. In your case, you are the primary applicant and your wife was out of status. So, I do not know. As T_C mentioned, to prove physical presence on or before Dec 21, 2000: if you look at the explanations regarding 245(i) on INS website carefully, those include pay stubs, bank statements, utility bills, telephone bills which should not be a problem for you. Here again, physical presence proof is required for the primary applicant, but in your case, your wife was of status, so I am not sure. Looking at RFE posting, INS did not mention anything regarding you, even though they know you are the primary applicant. So what is my recommendation regarding this: even though your case may look pretty easy, I would strongly recommend you to get help of a competent immigration attorney on this very important step of your GC process. It will cost you a couple of hundred USD, but it is worth to spend the money, and once you get good legal advice on this, you will have peace of mind regarding this. Thanks and good luck to all of us.
 
No Title

Thanx guys for your help. You all are very helpful.. I do already have an attorney and I will be talking to him today. Let\'s see what he says. I will definitely post the response which he gives and then you guys can let me know whatever you think. Thanx for your help guys..
 
Please post what you find out!

unknown485, Please do post what you find out. I am in a similar situation and am also waiting for feedback from my lawyer!
 
Need Help & advise

I got RFE on 26 March 2002 for myself and and for my wife, which we replied. on the same day they issued 3 RFE\'s for my children which we never received. To get the copies of those RFE\'s I tried through my lawyer, through congressman and I called three times and spoke with IIO but still I am unable to get the RFE\'s, within 12 weeks we have to respond, the time is running out . Could some one advise me what to do??????
 
unknow485, how does INS know your wife\'s out-of-status?

the previous compony reported it? or in her bio-info form filed to INS?

thanks.
 
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