I-485 RFE, Plz help

H

HG5555

Registered Users (C)
I received an RFE on my 485 today and it says something like this,
"An alien must establish that they are admissible to the US in order to be eligible for the adjustment of status to that of a permanent resident. A review of your application indicates that you were employed by A Company from Aug 1998 until Jan 2000. The record also indicates that you were an F1 student granted optional practical training valid from Aug 22, 1999 until Aug 21, 2000. Please submit documentary evidence of your employment authoriztion from Aug 1998 until Aug 1999. Evidence may include, but is not limited to copies of any employment authorization documents issued to you, copies of the front and back of the I20s issued to you, copies of I94 cards or copies of I797 notices."

The fact is that I was working part time for my school during that period but employer/lawyer somehow changed my parttime experience to fulltime at this company.

Please advice me what can I do. Appreciate all your help.

Concurrently filed 10/23/03
140 approved 09/30/04
 
Was our parttime job on campus between 98 and 99?
On an F1 are you allows to work partime off campus?
 
You should ask your attorney. I think it is not easy problem. You need to see your attorney ASAP.
 
It is simple

Dude,

I read similar post on some other forum. I could also face the same situation. My I-485 is still pending at Nebraska center. Although I have not received any RFE, but just to be proactive I contact my school and obtained a letter stating that my 20 hr/week work authorization was in accordance with federal guidelines.

Contact you international student office and demand a official letter stating the same. This should satisfy morons at USCIS.

Good Luck,

RF
 
I agree with RamFan. I do not see any complication. They are asking authorization for your work during 98-99. You need to contact your school and obtain a letter or work authorization during that period.

I think on CPT you are allowed to work part time ( I presume u were on CPT), u should get a letter from the school.

however, contact your attorney with the documents.

all the best to you.

this is my view if I were you. not a suggestion.
 
More clarification for your case

Let me try to clarify this once more:

Please do not confuse 20 hr/ week on campus work with CPT or OPT.

Curricular Practical Training (CPT) is an employment option available to F-1 students where the practical training employment is considered to be an integral part of the curriculum or academic program. According to the immigration regulations, this employment may be an internship, cooperative education job, a practicum, or any other work experience that is either required for your degree (as defined in the course catalog) or for which academic credit is awarded. If school approved your curricular practical training (upto one or more semesters) they have to make annotations on the back of your I-20 form.

OPT is applied with USCIS after your have completed your course. It has a validity of 12 months. Student advisor in my case made annotations for both OPT (12 months) and CPT (two semesters approx. 8 months) on my I-20 form. Before all this I worked on campus for 20 hrs/week, which was part of my graduate assistantship program.

Your situation sounds like a simple 20 hr work week. A simple letter from international advisor should be sufficient. International student advisor can verify your work with the corresponding dept.

Good luck,

Ramfan
 
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Thanks Ramfan

Hi Ramfan,
Actually I was working 20hr/week at my school but it is mentioned in my application that I was working for A company. There is nothing mentioned in my I20s. Donno what to do. My lawyer is out of town for the whole week. Also, can I say that I was doing Voluntary Work, would that require any permission from my school or INS.
Regards
 
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USCIS knows the full-time student can work 20 hours/week on campus during regular semesters and can work 40 hours/week during summer on campus. Most of time, USCIS would not require you to provide any evidence on this matter. But your situation is that your lawyer/employer put your student worker experience on A company mistakenly and this is why you got RFE for this. That means you need to provide work authorization for that time since you put work experience on A company other than campus.
You may need to correct this otherwise it will be hard for you to satisfy CIS by simply providing a letter from school which only can prove your work on campus other than A company. It is just for your reference only.



HG5555 said:
Hi Ramfan,
Actually I was working 20hr/week at my school but it is mentioned in my application that I was working for A company. There is nothing mentioned in my I20s. Donno what to do. My lawyer is out of town for the whole week. Also, can I say that I was doing Voluntary Work, would that require any permission from my school or INS.
Regards
Click to expand...
 
Dear Members,

I have a similar issue explained in this thread.
I didn't start my 140 or 485 yet. But I will probably get an RFE if I leave things as I stated in my labor application.

Should I just update my 140 with correct experience --- is it going to be a problem since it wont match the labor?

Or should I just let it go as it is? What are the chances of getting RFE in 485 for just 1-month mismatch? And can I recover then?

thanks in advance
 
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