help on 485 RFE

[zlz]

Hi,

Both primary and dependent got RFE today. we are asked for (1) evidences of maintaining legal status and work authorizations, (2) EVL. But there is a little problem:

the dependent started to work for company A in some day of July 2001, but the EAD (OPT) started at August 13, 2001. There is a gap (~14 days). How do we reply to CIS? please give your advices. Thank you very much!!!!!

ND:09/2002
2FP:05/2004
RFE:03/2005
AD???

 

[grunggy]

Don't lie just tell them what is up. I had the same problem. I worked for 20 days without authorization. My EAD was pending and my H-1B had expired.I posed my question on Murthy.com and here is the answer she gave.

: If you work when your H1B has expired and your EAD application has not been approved yet, how does that affect things? Essentially, for me, it was 20 days between H1B expiry and EAD approval. What is the 180-day rule I keep hearing about?

Attorney Murthy : If a person worked for 20 days without any USCIS or Department of Labor authorization, then that person is not prevented from, or in other words, is allowed to file and obtain an adjustment-of-status approval, as long as s/he did not live or work without authorization for over 180 days. This is allowed under Section 245(k) of the Immigration and Nationality Act for employment-based applicants. It is likely that the 20 days will not be an issue in obtaining the GC approval.

 

[zlz]

the gap happened during OPT-EAD, instead of 485-EAD. I hope my situation is similar to your case.
grunggy, thank you very much.