I-485 RFE: EAD expired, H1 status, and EVL

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fantomX

Registered Users (C)
I just got a call from my lawyer that there is an RFE on my EB3 case.

My EAD had expired in 11/2008 and I didn't renew it since I have valid H1 until July 2010, and I am working with my GC sponsor for the last 12 years, and I have worked for no other employer.

INS wants to see I had employment authorization since my case was filed. They see that the EAD expired, but they don't see the H1 extensions since my case was filed in their system.

Also, there seems a mixup. INS is claiming that another company submitted my H1 extension, no the GC sponsor. That is not correct. I have been working for my GC sponsor, and the same is listed on all my H1 approval notices.

Thirdly they want a current EVL.

We are planning to submit copies of all of my H1 approvals and travel record, and updated EVL with my W2 and recent paystubs.

Any comments, suggestions are welcome.
 
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fantomX said:
I just got a call from my lawyer that there is an RFE on my EB3 case.

My EAD had expired in 11/2008 and I didn't renew it since I have valid H1 until July 2010, and I am working with my GC sponsor for the last 12 years, and I have worked for no other employer.

INS wants to see I had employment authorization since my case was filed. They see that the EAD expired, but they don't see the H1 extensions since my case was filed in their system.
-----------------------send copy of all the H1 extension approvals. write to them you are on H1 status (provide copy of latest I-95 front and back)

Also, there seems a mixup. INS is claiming that another company submitted my H1 extension, no the GC sponsor. That is not correct.
----------------------- Let the lawyer explain to USCIS.
I have been working for my GC sponsor, and the same is listed on all my H1 approval notices.
-----------------------send the copy of all the H1 approval notices.
Thirdly they want a current EVL.

We are planning to submit copies of all of my H1 approvals and travel record, and updated EVL with my W2 and recent paystubs.
------------------------that is ok.
Any comments, suggestions are welcome.
Click to expand...
--------------------"Travelled twice on AP, 6/2008, 12/2008"? that may be creating problems.
 
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--"Travelled twice on AP, 6/2008, 12/2008"? that may be creating problems.

I already received H1 extension after returning on AP.
 
fantomX said:
--"Travelled twice on AP, 6/2008, 12/2008"? that may be creating problems.

I already received H1 extension after returning on AP.
-------------------That is Ok. send copy of all H1 approvals and copy of Latest I-94(front and back) that you got attached with latest H1 approval notice.
Click to expand...
--------------------
 
Thanks....

We submitted the response to FRE.

1. Copies of all H1 approval notices valid until 7/2010. (12th year) to show always had work authorization with the petitioner
2. Copies of all pay stubs from 2002.. to show only worked for the petitioner.
3. Copies of W2 and tax returns to show got paid only by the petitioner.
4. EVL fresh letter from the employer.

We sent the response on 7/26... I saw soft LUDs 7/29, 8/2(Sunday ?!?), 8/3. Current status: response to RFE received, case processing resumed....

Let's see.....
 
You should go ahead and apply for an EAD. In this economy you may suddenly need to use it, and having a valid EAD will help to avoid a repeat of a situation like this.
 
question about travelling twice on AP?

I was reading through the forum - I just had one question.

Is it a issue to travel two times on same AP ? I plan to do that this year.
 
kiranmm13 said:
I was reading through the forum - I just had one question.

Is it a issue to travel two times on same AP ? I plan to do that this year.
Click to expand...
Please search the forum for an existing answer or start your own thread. This question has nothing to do with this thread.
 
Hello Jackolantern,

in the flow of this message ginnu had suggested that Travel twice on AP? that might be creating problems.
So that got me thinking since I am also going to do the same. That is why I asked the question in this forum.

I tried to search for the answer but was unable to do so.

Thanks.
 
In the RFE, they didn't mention anything about the travel on AP. The strange thing is that they had the record of the approved EAD, but not the approved H1.

Also, I have gotten H1 extension approved after the traveling on AP twice, and this was for the 12th year of H1, and the last I-94 is H1, and is the same number as the AP from the passport. So, I think in accordance with the Cronin memo, our 'status' is back to H1/H4.

Anyways, I just saw another LUD for today 8/4, and today my wife's I-485 got LUD as well, the last LUD on her file was 11/2008.
 
fantomX said:
In the RFE, they didn't mention anything about the travel on AP. The strange thing is that they had the record of the approved EAD, but not the approved H1.

Also, I have gotten H1 extension approved after the traveling on AP twice, and this was for the 12th year of H1, and the last I-94 is H1, and is the same number as the AP from the passport. So, I think in accordance with the Cronin memo, our 'status' is back to H1/H4.

Anyways, I just saw another LUD for today 8/4, and today my wife's I-485 got LUD as well, the last LUD on her file was 11/2008.
Click to expand...

Yes they will not ask about using the AP. The point is; travelling twice with the AP and entering US as parolee then extending the H, which is completely fine, created some confusion in the USCIS thinking you have different status and triggered the RFE. The USCIS has records for EAD, AP, H and so on but who care, they are lazy enough to check all that and put different pieces of the puzzle together.
 
That is true... in my case even weird was that USCIS said that another company had filed an I-129 for me, which is not true. So, I don't know where the mix up is. How come they couldn't find my real I-129 and were able to flag someone else's I-129 as being mine........ strange.!!
 
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