Japanese got an RFE (RD: 1/3/03)

Finally...a long awaited RFE

Hello folks -

Just got the RFE from the lawyer. USCIS wants the followings from me:

1) Fully completed form G-325, "Biographic Information Sheet".

2) Proof that would support that I was on F-1 status (student visa) after I entered the U.S. on 6/26/91

3) Proof that would support that I had lawful employment from March 1997 to May 2000.

1 & 2 would not be an issue; however, I am not sure how I can support the fact that I was lawfully employed from March of 1997 to April of 1998. I was working as a dishwasher in the mess hall on campus. Back then, F-1 students were able to work 20 hours/week on campus...any ideas, gurus?

Japanese
 
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Japanese said:
Hello folks -

Just got the RFE from the lawyer. USCIS wants the followings from me:

1) Fully completed form G-325, "Biographic Information Sheet".

2) Proof that would support that I was on F-1 status (student visa) after I entered the U.S. on 6/26/91

3) Proof that would support that I had lawful employment from March 1997 to May 2000.

1 & 2 would not be an issue; however, I am not sure how I can support the fact that I was lawfully employed from March of 1997 to April of 1998. I was working as a dishwasher in the mess hall on campus. Back then, F-1 students were able to work 20 hours/week on campus...any ideas, gurus?

Japanese
Click to expand...

Your attorney should help you activly in this case....bug him as much as you can and make him do some work for ya....didnt you pay him for this, so kick his ___ if you have to. I am not sure if you hired him or your company. But buddy this is the time to bug him or your company's hr department to put some presure on him.
 
proof that u were a student then along with a written explanation that u were allowed to work on campus for 20hrs and any additional docs to prove the above should be good enough. I guess your attorney will tell u the same thing. In the meanwhile prepare all docs and start houndning that attorney of yours.

Cheers

Tanjar
 
RFE also received for all four of us, me, wife and 2 kids

On-line profilio shown all 4 of us received RFE. What could that be?
 
The plot thickens...

Hello...

After browsing through the forms, I just figured out that my attorney messed up my I-485 application! He wrote in the biographic form that I graduated from college in March of 1997, although I graduated in May of 1997! Naturally, in the employment history section, the attorney also indicated that I started working on OPT from March of 1997 instead of May of 1997. I guess the fault is also mine for not carefully checking what he was about to submit.

No wonder USCIS is asking me a question as to my lawful employment status from March thru May of 1997. Contrary to my concern about working on campus, it just turned out that he erroneously submitted the wrong information. I think I am going to submit a copy of my diploma, transcript, and a copy of OPT approval from Nebraska to prove that my attorney f**ked up. Do you have any other suggestions, friends?

Japanese
 
To Japaneese

Japanese, Did you ever travel outside of US after getting h1b? The reason I ask is that normally USCIS should do these checks since the last arrival. According to some internal memos, the re-entry resets the past history. Please respond.
 
srireddy said:
Japanese, Did you ever travel outside of US after getting h1b? The reason I ask is that normally USCIS should do these checks since the last arrival. According to some internal memos, the re-entry resets the past history. Please respond.
Click to expand...

srireddy - Yes, I travelled to Ireland for a week of backpacking in 1999 after I got my h1-b visa. I also left went home to Japan in December of 2002 and came back to the U.S. in January of 2003 on H1-b visa. Could you please be more specific as to what you mean by resetting the past history?

Japanese
 
Here is what I know.

According to one of our lawyers, the law states that USCIS needs to scrutinize the out-of-status situations from the last re-entry before the time of I-485 application, or fist entry, if there is no last re-entry. They are not interested of what happened after you submitted the AOS, but only since the last entry before submittal and the time of submittal.

Supposedly the moment you had changed status and re-enter US you had someone scrutinizing your case and cleared you for unlawful out-of-status situations. They would trust that and not go beyond.

However, if they guess that there is a fraud or misrepresentation concerning a period before the last re-entry, the adjudicator has the discretion to go beyond that period and ask questions about it.

You should be fine based on the facts. Just send the response with true data and you will get the approval. Good Luck.
 
Japanese,

It's a straightforward RFE. Just clarify the typo in your G325 (March to May) with supporting docs.

And I've seen what srireddy says happen. A colleague who overstayed her J2 visa in 91, but subsequently got an valid F1, then H1, recently got approved without any issues about her past immigration history. She travelled to China a few years ago, and we suspect that 'reset' her status......but anything is possible, and she might have just gotten lucky.
 
Last edited by a moderator:
Japanese said:
Hello...

After browsing through the forms, I just figured out that my attorney messed up my I-485 application! He wrote in the biographic form that I graduated from college in March of 1997, although I graduated in May of 1997! Naturally, in the employment history section, the attorney also indicated that I started working on OPT from March of 1997 instead of May of 1997. I guess the fault is also mine for not carefully checking what he was about to submit.
Click to expand...
Japanese, please post the name of your attorney here.
Also, pickup the phone and tell your attorney that the messed up in plain words.
There are plenty of attorneys out there who have made life miserable for many of us.
I got my H1 transfered after several goof ups on my attorney's part - it took more than 8 months and he didn,t even know they had issued an RFE until after I told him.
I heared one attorney filed EAD for 1 year old baby!

I think we should create a forum to rate immiration attorneys.
 
armie said:
Japanese, please post the name of your attorney here.
Also, pickup the phone and tell your attorney that the messed up in plain words.
There are plenty of attorneys out there who have made life miserable for many of us.
I got my H1 transfered after several goof ups on my attorney's part - it took more than 8 months and he didn,t even know they had issued an RFE until after I told him.
I heared one attorney filed EAD for 1 year old baby!

I think we should create a forum to rate immiration attorneys.
Click to expand...

Very Good idea....
My attorney is excellant but I still review each and every document he submits.....even in my RFE reply he had typo for my current work address and my start date with the current employer...but other then that very knowledgeable and helpful. Actually I worked for state and in states legal department I had buddy who worked with this attorney and he recommended to me. He mails me copy of each and every document he submit to CIS.
 
Message for Japanese

Japanese,

You should contact you international student office. They should be able to write a letter for you explaining you 20 hr. per week student work authorization situation.

I am in the same boat although I have not received an RFE, but after reading your post, I promptly called my school to obtain a letter verifying my student work authorization. They are sending a official letter stating the same. It was easily done over the phone. I just want to be prepared in case the brilliant brainpower working for USCIS Nebraska asked for it.

Good Luck!

RF
 
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