I485 RFE for dependent requesting employment history

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prathikkumar

Registered Users (C)
Hello!

My got a RFE for her I485 application. It requests to submit employment history since her last admission to USA. Is this an unusual RFE? I am not finding any similar RFEs in online world. Should I be worried?

Thanks in advance for your help.

Pranith.
 
Maybe they mistakenly think she is the primary.

Submit the evidence of employment (if any), but with a letter to explain that she is the derivative beneficiary, and you are the primary (include your I-485 receipt along with hers).
 
Jackolantern said:
Maybe they mistakenly think she is the primary.

Submit the evidence of employment (if any), but with a letter to explain that she is the derivative beneficiary, and you are the primary (include your I-485 receipt along with hers).
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Thank you for your reply.

I think I have a bigger problem than I thought I did. I just realized that in my wife's receipt of I485 (and 765, 131), her last name is misspelled by a character. I am embarrassed to notice this now.

So the case is as follows: When she obtained her EAD for the first time in 2007, her name is misspelled but when we applied for extension in 2008, we got the EAD with the right last name. I am not sure if I should do anything about correcting this or should I leave as is the current EAD reflects the right last name.

Thank you again and looking forward to see your reply.
 
Jackolantern said:
The misspelling -- is it your mistake or USCIS mistake? Do you have a copy of the I-485 form that was sent in?
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I am positive it is USCIS mistake - I am not sure if I have copies but I will check when I go home today. But the thing is her second EAD has the right last name. In the RFE they sent, they have included the right last name too...I am confused if I should just reply or if I should let them know that in the original I-485, the name is misspelled.

Also, after her last entry into US (on H1B), she wasn't working for a period of three months or so and didn't get paid as well. Will that be considered out of status when i send USCIS, her employment history.

Thank you for all your help.
 
prathikkumar said:
I am positive it is USCIS mistake - I am not sure if I have copies but I will check when I go home today. But the thing is her second EAD has the right last name. In the RFE they sent, they have included the right last name too...I am confused if I should just reply or if I should let them know that in the original I-485, the name is misspelled.
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You need to check the copy of the I-485 to see if the wrong spelling as supplied to them. Because that can cause wrong spelling on the green card, and it is another headache to correct that.
 
Jackolantern said:
You need to check the copy of the I-485 to see if the wrong spelling as supplied to them. Because that can cause wrong spelling on the green card, and it is another headache to correct that.
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I will.

But the ironic thing is that in her latest EAD, she has the right last name. Does that make a difference? And, what do you think about my wife not getting paid for a brief period of time but with valid H1B.

Thank you.
 
prathikkumar said:
But the ironic thing is that in her latest EAD, she has the right last name. Does that make a difference?
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Not really, because the EAD was applied for with a separate form. If the I-485 form had the wrong spelling, the green card could still end up with the wrong spelling even if EAD and AP have it right.
And, what do you think about my wife not getting paid for a brief period of time but with valid H1B.
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Was her I-485 already filed before that?
 
prathikkumar said:
I will.
But the ironic thing is that in her latest EAD, she has the right last name. Does that make a difference?
.
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Dont fret too much but its definitely something that should be checked. We had a similar problem where we had provided wrong name on I485 application but correct on other forms. Realized it at the time of EAD renewal but a visit at local CIS office revealed that they had already corrected it in their database probably because of prior history of other status and A number. GC came with the correct name. So take an infopass and enquire. If required, send the correction along with the response to RFE.
 
Jackolantern said:
Not really, because the EAD was applied for with a separate form. If the I-485 form had the wrong spelling, the green card could still end up with the wrong spelling even if EAD and AP have it right.

Was her I-485 already filed before that?
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I checked I 485 form for her and it was USCIS mistake - we gave the right last name but I have also found another problem. Here are the details:

At the time of filing(July 19 07) these forms, we were changing employers for her. Lets say, employer A was holding her H1B and we were looking to transfer to employer B, who by the way is the current employer.

Employer B told us that he has already filed for H1B before July 19 2007 - So while filling the G325 A form, we have listed employer B as the current employer and also told them that current H1B expires on 07/19/07. But her H1 with employer A wasn't expiring on 07/19/07, in fact it was valid until 09/30/09.

Now, when I check the H1B receipt for her from employer B, it is Aug 10, 2007 - which means we gave the wrong information in G325A. So basically, USCIS thinks she is out of status from time 07/19/09 to 08/10/07 but she wasn't really.

Can i just tell USCIS that her I485 was filled out incorreclty because of miscommunication between Employer B and her or is this is a big offense?

I am really worried now - trying to get an appointment with lawyer - your help, advise, thoughts are greatly appreciated.

Thank you.
 
She was working at the time and didn't get paid for it? or she was paid but just doesn't have proof of being paid back then? Or she wasn't working at all?
 
Jackolantern said:
She was working at the time and didn't get paid for it? or she was paid but just doesn't have proof of being paid back then? Or she wasn't working at all?
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We can say that she was in leave during that time. But I am not sure how would USCIS consider information that was filled out incorrectly. We basically need to convince them that she isn't out of status from 07/19/07 to 08/10/07 showing them I129 approval notice from employer A, which is valid from 10/01/06 to 09/30/2009.
 
If I understand correctly, the problem may be that she was out of H-1B status before she filed her I-485.

The 7/19 - 8/10 gap can be explained, and I would definitely send a corrected G325a form (in quadruplicate) with the RFE response with the evidence (I-129 receipts, etc etc) you refer to above, plus a letter of explanation. That part should be easy and straightforward. On this letter, also mention the spelling problem and enclose a copy of the first page of the original I-485 form you sent as supporting evidence.

But the real problem I foresee is this business of her being "in leave during that time". If she wasn't working according to the conditions of her H-1B status before she applied for her I-485, she may be deemed to have dropped out of status before she applied for her AOS.
 
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Hello Prathikkumar,

I am in same situation, my PD will become current soon. and I am going to file I-485.
I am a principle applicant and my spouse some time back Out of status on H1B.
Does it triggers I-485 RFE on her I-485 application ?
How did you resolve in your case ?

Tx
 
immigration1975 said:
I am in same situation, my PD will become current soon. and I am going to file I-485.
I am a principle applicant and my spouse some time back Out of status on H1B.
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How long was s/he out of status? Why was s/he out of status -- was it due to H1B expiration, or job loss while the H1B was unexpired?

Since being out of status, has s/he exited and reentered the US with a new visa?
 
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